Bombay High Court

AKSHAY PAPPU DEDEversusTHE STATE OF MAHARASHTRA

Decided: 27 July 2026
Disposal: Allowed
Bench: ASHWIN D BHOBE

Holding

The Court held that in the absence of any material linking the applicant to the contraband or alleged conspiracy, the applicant is prima facie not guilty and is therefore entitled to bail despite the commercial quantity involved.

Summary

The applicant, Akshay Pappu Dede, was arrested in connection with a narcotics case (Crime No. 271 of 2025) where 70 grams of Mephedrone was recovered from a co-accused. No contraband was found on the applicant, nor were there any call records or financial transactions linking him to the offence, and he has no prior criminal record. The trial court had dismissed his bail application, but on appeal the High Court examined whether the presence of a commercial quantity of drugs under Section 37 of the NDPS Act precludes bail. The Court found that the prosecution had not produced any material establishing the applicant’s participation or conspiracy in the crime. Consequently, the Court allowed bail with a personal bond of Rs. 50,000 and imposed standard reporting and non‑interference conditions. The bail order is subject to compliance with the stipulated conditions and does not affect the pending trial.

Issues considered

Whether the applicant, who was present at the scene but from whom no narcotic contraband was recovered, is entitled to bail under the NDPS Act.
Whether the commercial quantity of drugs seized invokes Section 37 of the NDPS Act to deny bail.
Whether the absence of incriminating material on the applicant’s mobile and lack of prior criminal antecedents justify granting bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 29, 37, 8(c)

Subjects

bail
NDPS Act
Section 37
commercial quantity
criminal procedure
presumption of innocence
mobile seizure

Judgment

40-BA-2427-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2427 OF 2026
Akshay Pappu Dede … Applicant
Versus.
The State Of Maharashtra … Respondent
-----
Mr. Tausif Shaikh (Through VC), Advocate for the Applicant.
Mr. Ameet Palkar, APP for the Respondent – State.
-------

CORAM : ASHWIN D. BHOBE, J.
DATE : 27th July, 2026.
P.C. :

1. Heard Mr. Tausif Shaikh, learned Advocate for the Applicant and

Mr. Ameet Palkar, learned APP for the Respondent-State.

2. By the present Application, the Applicant seeks bail in connection

with Crime No. 271 of 2025 registered with the Hijawadi Police Station,

Pune, for offences under Section 8(c), Section 22(c) and under Section

29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. Mr. Tohid Shaikh, learned Advocate for the Applicant, states that

there are three (3) accused in the present crime. Applicant is Accused

No. 1. He states that Crime No. 271 of 2025 is registered as Special

Case No. 1569 of 2025 and is pending before the District Judge-9 and

Additional Sessions Judge, Pune. (“Trial Court”)
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4. The prosecution case is that on 21.05.2025, the Police Personnel

from Hinjawadi Police Station were on patrolling duty during the night

hours. They noticed the Applicant and co-accused No. 2 near the bridge

in a suspicious state. Upon personal search by the Police Personnel, they

found 70 grams of Mephedrone (for short “MD”) in possession of

Accused No. 2. The mobiles of the Applicant and the co-accused were

seized. Based on information provided by Accused No. 2, Accused No. 3

(Lakhan @ Navnath Balu Mohite) was apprehended.

5. Applicant was arrested on 22.05.2025. The Bail Application at

Exhibit-A, filed by the Applicant in Special Case No. 1569 of 2025, was

dismissed by the Trial Court on 16.03.2026.

6. Mr. Tausif Shaikh, learned Advocate for the Applicant, submits

that apart from the Applicant's presence during the personal search of

the Accused No. 2 (Rahul Sunny Devare), there is no material on record

indicating the Applicant's involvement in Crime No. 271 of 2025. He

further submits that the Police have seized the Applicant's mobile phone

and that there is no incriminating material either on the mobile or in

any call details.

7. Mr. Ameet Palkar, learned APP for the Respondent-State, submits

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that the Applicant was present with Accused No. 2. He submits that

although no contraband was recovered from the Applicant, the

Applicant participated in the offence and conspired with the co-accused.

8. Perused the records with the assistance of the learned Advocates.

9. The contraband in Crime No. 271 of 2025 being a commercial

quantity, the rigours of Section 37 of the NDPS Act would apply.

10. A perusal of the complaint dated 21.05.2025 reveals that Accused

No. 2 was searched and during the search, Mephedrone was found in

16 plastic packets on the person of Accused No. 2.

11. The Japti Panchnama dated 21.05.2025 records the recovery of a

mobile from the Applicant.

12. Considering the material on record, namely the complaint dated

21.05.2025 and the japti Panchnama dated 21.05.2025 and noting that

no contraband was recovered from the Applicant and that there were no

calls or financial transactions between the Applicant and the Accused

No. 2, I am satisfied, prima facie, that the Applicant is not guilty of such

offence and would therefore be entitled to bail.

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13. Mr. Tausif Shaikh, learned Advocate for the Applicant, states that

the Applicant does not have any criminal antecedents.

14. Accused No. 2 has been released on Medical Bail, whereas

Accused No. 3 has been released on Regular bail.

15. In view of the above, the Bail Application is allowed on the

following conditions :-

(a) Applicant is directed to be released on bail in
connection with C.R. No. 271 of 2025 registered with
Hinjawadi Police Station, Pune City, upon furnishing a P.R.
Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand
Only) with one or two sureties, in the like amount, to the
satisfaction of the Trial Court in Special Case No. 1569 of
2025.

(b) Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person(s) acquainted
with the facts of the case to dissuade that person(s) from
disclosing the facts to the Court or any police officer.
Applicant shall not tamper with evidence.

(c) Applicant shall, within three (3) days of his release
from jail, provide the Investigating Officer at Hinjawadi Police
Station, Pune City, his residential address with proof and

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contact numbers and must inform the Investigating Officer of
any change in the same from time to time.

(d) Applicant shall report to Investigating Officer,
Hinjawadi Police Station, Pune City, on the 1 st Monday of
each month from 11.00 a.m. to 12.00 noon till conclusion of
trial in Special Case No. 1569 of 2025.

(e) Applicant shall regularly appear before the Trial Court
in Special Case No. 1569 of 2025, as and when the matter is
fixed, unless specifically exempted.

(f) If the Applicant absents himself from appearing
before the Trial Court on the date fixed, the same would be
considered as a breach of this condition and the Special Court
would be at liberty to pass appropriate orders.

(g) Applicant shall not indulge in any similar offence
punishable under the NDPS Act.

16. The observations made in the present order are meant for the

purpose of deciding the Bail Application and would not have any impact

or effect on the trial.

17. Criminal Bail Application No. 2427 of 2026 is disposed of.

Digitally
signed by
VIVEKANAND
VIVEKANAND RAJENDRA
BONDE
RAJENDRA
BONDE Date:
2026.07.27
20:57:08
(ASHWIN D. BHOBE, J.)
+0530

Vivekanand 5

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