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Bombay High Court

SOHEL KARIM SAYYED ALIAS SONU MANSEversusTHE STATE OF MAHARASHTRA

Disposal
Withdrawn

Holding

The Court rejected all the bail applications, finding sufficient prima facie evidence of involvement and risk, and held that the procedural issue of written grounds of arrest did not merit bail.

Summary

The Bombay High Court heard several bail applications filed by accused persons alleged to be part of an organised syndicate trafficking codeine‑based cough syrup under the NDPS Act. The prosecution presented evidence of procurement, financial transactions and coordination among the accused, while the applicants argued lack of written grounds of arrest and absence of direct material linking them to the seized contraband. The Court examined Supreme Court precedents on the requirement of written grounds of arrest, noting that the arrests occurred before those judgments and therefore the procedural defect could not be a ground for bail. Considering the seriousness of the offence, the prima facie involvement of the applicants, the applicability of Section 37 of the NDPS Act and the risk of tampering with evidence or influencing witnesses, the Court found no sufficient reason to grant bail. Consequently, all the bail applications were rejected.

Issues considered

  • Whether the absence of written grounds of arrest, as mandated by Supreme Court judgments, warrants bail in the present NDPS case.
  • Whether the material on record establishes a prima facie case of involvement of the applicants in the organised narcotics conspiracy.
  • Whether the risk of tampering with evidence, influencing witnesses, or committing further offences justifies denial of bail under Section 37 of the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • organized crime
  • codeine trafficking
  • conspiracy
  • Section 37
  • written grounds of arrest
  • public health
  • narcotics

Judgment

2026:BHC-AUG:23849
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         935 BAIL APPLICATION NO. 574 OF 2026

                                Rizwan Khan Rashid Khan
                                        VERSUS
                                The State Of Maharashtra

                                        WITH
                          BAIL APPLICATION NO. 184 OF 2026

                        Sayyed Arbaj Sayyed Feroj Alias Arbaj Khan
                                        VERSUS
                                The State Of Maharashtra

                                        WITH
                          BAIL APPLICATION NO. 2540 OF 2025

                                  Sameer Yunus Shaikh
                                        VERSUS
                                The State Of Maharashtra

                                        WITH
                          BAIL APPLICATION NO. 233 OF 2026

                          Sohel Karim Sayyed Alias Sonu Manse
                                        VERSUS
                                The State Of Maharashtra

                                        WITH
                          BAIL APPLICATION NO. 467 OF 2026

                               1. Avinash Ramkrushna Patil
                               2. Rupesh S/o. Ramkrushna Patil
                                         VERSUS
                                The State Of Maharashtra

                                        WITH
                          BAIL APPLICATION NO. 183 OF 2026

                                   Sohel Salim Hilabi
                                        VERSUS
                                The State Of Maharashtra
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                                       2

                                 WITH
                   BAIL APPLICATION NO. 187 OF 2026

                          Javed Khan Rauf Khan
                                 VERSUS
                         The State Of Maharashtra

                                    ......
Mr. C.C. Deshpande, Advocate h/f Mr. Suyog S. Rathi, Advocate for
Applicant in BA/2540/2025
Mr. R.R.Kakani, Advocate for Applicant in BA/574/2026
Mr. V.S. Wakale, Advocate for Applicants in BA/184/2026, BA/183/2026
and BA/187/2026
Mr. S.M. Nannaware, Advocate for Applicant in BA/233/2026
Mr. R.M. Bhosle, Advocate for Applicants in BA/467/2026
Mr. K.K. Naik, AGP for Respondent-State in all BAs
                                    ......

                                CORAM : SIDDHESHWAR S. THOMBRE, J.
                                DATE       : 17 JUNE, 2026
PER COURT :

1.     Learned the learned counsel for the respective applicants and the

learned APP for respondent-State in all the applications.


2.     After hearing the learned counsel for some time and upon this Court

expressing disinclination to grant relief to applicant Rizwan Khan Rashid

Khan in Bail Application No.574 of 2026, applicant Sohel S/o Karim Sayyed

@ Sonu Manse in Bail Application No.233 of 2026 and applicant No.1

Avinash Ramkrushna Patil in Bail Application No.467 of 2026, the learned

counsel appearing for the respective applicants seek leave to withdraw the

applications.


3.     Leave granted.
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4.      Bail Application Nos.233 of 2026 and 574 of 2026 stand dismissed as

withdrawn. Bail Application No.467 of 2026 stands dismissed as withdrawn

insofar as applicant No.1 – Avinash Ramkrushna Patil is concerned. I,

therefore, proceed to decide Bail Application No.2540 of 2025, Bail

Application Nos.184 of 2026, 183 of 2026, 187 of 2026 and Bail Application

No.467 of 2026 to the extent of applicant No.2.


5.      By these applications, the applicants seek their release on bail in

connection with Crime No.279 of 2025 registered with Waluj Police Station,

District Chhatrapati Sambhajinagar, for the offences punishable under

Sections 8(c), 21, 21(b), 22(b), 22(c), 25, 27-A and 29 of the Narcotic

Drugs and Psychotropic Substances (NDPS) Act, 1985, Section 238 of the

Bharatiya Nyaya Sanhita, 2023 and Sections 18(c) and 27(b) of the Drugs

and Cosmetics Act, 1940.


6.      The prosecution case, in brief, is that on 12.09.2025, the police

received specific secret information that a well-organized racket was

operating for illegal sale and distribution of intoxicating cough syrup

containing Codeine Phosphate to young boys and girls, particularly students.

It was learnt that accused Avinash Ramkrushna Patil and Rupesh

Ramkrushna Patil had procured a consignment of Codeine-based cough

syrup from Rayyan Medical Stores, Uttar Pradesh, and the same was to be

delivered through VRL Logistics at Waluj. Acting upon the said information,

the police laid a trap.
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7.     Prosecution case in brief is that at about 2.30 p.m., one person

arrived at the premises of VRL Logistics in a Swift car, produced the delivery

receipt on his mobile phone and sought delivery of the consignment. Upon

taking possession of the consignment, he was apprehended. During

investigation, he disclosed his name as Avinash Ramkrushna Patil. The

consignment was searched in the presence of panch witnesses and was

found to contain 20 boxes comprising 128 bottles of Raytuss Syrup

containing Codeine Phosphate and Triprolidine Hydrochloride. The said

articles came to be seized under a panchnama. During interrogation,

Avinash Patil disclosed that he and his associates had procured the

consignment in the name of a medical establishment and were illegally

selling and distributing the same through a network of associates and

peddlers for monetary gain. Investigation further revealed the involvement

of several other persons including the present applicants, resulting in filing

of charge-sheet against 47 accused persons.


8.     Learned counsel Mr. C.C. Deshpande, holding for learned counsel Mr.

Suyog Rathi for the applicant in Bail Application No.2540 of 2025, submits

that there are 47 accused arraigned in the charge-sheet. Inviting my

attention to the statements of the Godown Manager, the Godown In-charge

of VRL Logistics and other employees recorded during investigation,

appearing at page Nos.335, 338 and 342 of the charge-sheet compilation, he

submits that none of the said witnesses has identified the present applicant
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as the person who had received or taken delivery of the seized consignment.

He further submits that the arrest of the applicant is contrary to the law laid

down by the Hon'ble Supreme Court in Mihir Rajesh Shah Vs. State of

Maharashtra (Criminal Appeal No.2195 of 2025). He also places reliance

upon the judgment of the Hon'ble Supreme Court in Dr. Rajinder Rajan Vs.

Union of India [Criminal Appeal No.____ of 2026 arising out of SLP (Crl.)

No.3326 of 2026], particularly paragraphs 8, 21 and 22 thereof, and

submits that the Apex Court has reiterated that where the grounds of arrest

are merely stated to have been orally communicated, it is incumbent upon

the arresting officer to furnish written grounds of arrest to the accused

before production before the Magistrate. According to him, the said

mandate has not been followed in the present case and, therefore, the arrest

itself stands vitiated. He further submits that investigation is complete,

charge-sheet has been filed and there is no material demonstrating the

applicant's involvement in the alleged offence. He therefore prays for grant

of bail.


9.         Learned counsel Mr. V.S. Wakale appearing for the applicants in Bail

Application Nos.184 of 2026, 183 of 2026 and 187 of 2026 submits that

there is no Call Detail Record connecting the applicants with the seizure of

the   contraband.      He further submits that       there is    no     WhatsApp

communication, electronic evidence or scientific material demonstrating

their involvement in the alleged offence. According to him, no recovery has
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been effected from the applicants and no material showing conscious

possession of the contraband has been collected during investigation. He

submits that no chemical analysis report was available at the time of

registration of the crime and the applicants have been implicated merely on

the basis of suspicion. He further submits that the investigation is complete,

charge-sheet has been filed and, therefore, continued incarceration of the

applicants is unwarranted. He relies upon order passed by this Court in

BA/425/2026 and order passed by Principal Seat at Bombay in

BA/3846/2024 and order passed by the Patna High Court in Criminal Misc.

Application No.20517/2026, granting bail in similar circumstances.


10.    Learned counsel Mr. M.R. Bhosale appearing for applicant No.2 in

Bail Application No.467 of 2026 submits that the applicant is falsely

implicated in the crime. He submits that there is no material demonstrating

his direct participation in the alleged transaction. He submits that nothing

remains to be recovered from the applicant and, therefore, his further

detention is not necessary. He adopts the submissions advanced on behalf of

the other applicants and prays for grant of bail.


11.    Per contra, learned APP vehemently opposed the applications. He

submits that the offence is of an extremely serious nature involving

organized trafficking of narcotic substances under the guise of medicinal

products. The investigation has revealed the existence of a well built

syndicate operating across different States for procurement, transportation,
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storage and distribution of Codeine-based cough syrup. The present

applicants are not innocent, active participants in the criminal conspiracy.



12.    Learned APP further submits that the investigation has revealed

continuous contact amongst the accused persons and their involvement in

the illegal trade through financial transactions and other incriminating

material. According to him, the role of each accused cannot be viewed in

isolation as the offence has been committed in furtherance of a criminal

conspiracy. He submits that the contraband was being supplied to young

boys and girls, including students, and the activities of the accused have

serious repercussions on public health and society at large.


13.    Learned APP submits that there is sufficient material collected during

investigation showing the involvement of the applicants in procurement,

transportation and distribution of the contraband. He submits that

considering the gravity of the offence, the organized nature of the crime and

the role attributed to the applicants, Section 37 of the NDPS Act would

apply. He further submits that if released on bail, there is every possibility of

the   applicants   absconding,       influencing   witnesses,      tampering          with

prosecution evidence and indulging in similar activities. He therefore prays

for rejection of the applications.


14.    I have carefully considered the rival submissions and perused the

FIR, charge-sheet and the material placed on record.
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15.     Learned counsel for the applicant in Bail Application No.2540 of

2025 has heavily relied upon the judgments of the Hon'ble Supreme Court

in Mihir Rajesh Shah (supra) and Dr. Rajinder Rajan (supra), particularly

paragraphs 8, 21 and 22 thereof, to contend that written grounds of arrest

were not supplied to the applicant and consequently the arrest stands

vitiated.


16.     However, a perusal of paragraph 58 of the judgment in Mihir Rajesh

Shah (supra) shows that the Hon'ble Supreme Court itself clarified that the

procedure regarding written communication of grounds of arrest would

govern arrests "henceforth". The relevant observations read thus:-

        "58. We are cognizant that there existed no consistent or binding
        requirement mandating written communication of the grounds of arrest for
        all offences. Holding as above, in our view, would ensure implementation of
        the constitutional rights provided to an arrestee as engrafted under Article
        22 of the Constitution of India in an effective manner. Such clarity on
        obligation would avoid uncertainty in the administration of criminal justice.
        The ends of fairness and legal discipline therefore demand that this
        procedure as affirmed above shall govern arrests henceforth."


17.     In the present case, the arrest of the applicant had already taken

place prior to the pronouncement of the aforesaid judgment. Prima facie,

therefore, the benefit flowing from the said decision would not enure to the

applicant at this stage. Consequently, the contention regarding alleged

illegality of arrest cannot, by itself, constitute a ground for grant of bail in

the facts of the present case.


18.     On perusal of the investigation papers, it appears that applicant No.2

- Rupesh Patil in Bail Application No.467 of 2026 had allegedly arranged
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procurement of the contraband and had financial transactions with co-

accused connected with the seized consignment. Applicant Sameer Yunus

Shaikh in Bail Application No.2540 of 2025 was found to have reached the

spot for receiving the contraband and had financial dealings with co-accused

Rizwan Khan. Applicant Sohel Salim Hilabi in Bail Application No.183 of

2026 was found to have monetary transactions with co-accused Rizwan

Khan. Applicant Javed Khan Rauf Khan in Bail Application No.187 of 2026

was found to be in regular contact with co-accused Rupesh Patil and Guddu

Khan. Applicant Sayyed Arbaj Sayyed Feroj @ Arbaj Khan in Bail Application

No.184 of 2026 was found connected with several co-accused persons. The

investigation thus discloses a chain of interconnected activities linking the

applicants with the alleged conspiracy.


19.    The offence alleged is not an isolated act committed by an

individual. Prima facie, the material collected during investigation reveals

the existence of an organised syndicate engaged in diversion, procurement

and illegal distribution of Codeine-based cough syrup. The role attributed to

the applicants cannot be viewed independently but is required to be

examined in the backdrop of the larger conspiracy unearthed during

investigation. The material on record indicates active coordination amongst

the accused persons in carrying out the illegal trade.


20.    The investigation further indicates that the contraband was being

supplied to young boys and girls, including school and college-going
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                                       10

students, for intoxicating purposes. Such activities have serious adverse

consequences on public health and are capable of destroying the future of

the younger generation. Narcotic offences of this nature are offences not

merely against an individual but against society as a whole. The societal

impact of such activities is a relevant consideration while deciding an

application for bail under the NDPS Act.


21.        At this stage, there is sufficient material collected during

investigation showing prima facie involvement of the applicants in the

alleged offence. Having regard to the nature and gravity of the accusations,

the role attributed to the applicants, the material indicating conspiracy and

financial transactions amongst the accused, the rigours of Section 37 of the

NDPS Act and the possibility of the applicants influencing witnesses or

indulging in similar activities if released on bail, this Court is not satisfied

that there are reasonable grounds for believing that the applicants are not

guilty of the offences alleged against them. Consequently, I am not inclined

to exercise the discretion in favour of the applicants.


22.        Accordingly, Bail Application No.2540 of 2025, Bail Application

No.184 of 2026, Bail Application No.183 of 2026, Bail Application No.187 of

2026 and Bail Application No.467 of 2026, insofar as applicant No.2 is

concerned, stand rejected.



                                             [ SIDDHESHWAR S. THOMBRE ]
                                                       JUDGE
S P Rane


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