Bombay High Court
ABDUL AJIJ MAEEN BADSHAH SHAIKH URF AJJUversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The applicant may be released on bail due to the prolonged incarceration and absence of trial progress.
Summary
The applicant, Abdul Ajij Maeen Badshah Shaikh, was arrested for alleged possession of 15 bottles of codeine phosphate and triprolidine hydrochloride cough syrup under Sections 8(c) read with 22(c) and 29 of the NDPS Act. Although the charge was framed in July 2025, no witnesses had been examined and the trial had not progressed, resulting in his detention for nearly 1 year and 11 months. The applicant, who has no prior criminal record, sought bail, arguing that the prolonged incarceration was punitive. The court noted that the delay was not attributable to the applicant, that he posed no flight risk or danger of re‑offending, and relied on Supreme Court precedents where bail was granted in similar cases involving large quantities of codeine and extended pre‑trial detention. Consequently, the court granted bail subject to a cash bond and standard conditions.
Issues considered
- Whether bail should be granted to the accused in an NDPS case involving possession of a commercial quantity of codeine syrup, given the prolonged pre‑trial detention and lack of trial progress.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 29, 8(c)
Subjects
- bail
- NDPS Act
- prolonged detention
- pre‑trial delay
- codeine possession
- right to liberty
Judgment
SA_MANDAWGAD 908 BA 2467-26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2467 OF 2026
Abdul Ajij Maeen Badshah Shaikh Urf Ajju … Applicant
V/S.
The State of Maharashtra … Respondent
Mr. Kamlesh M. Satre, for the Applicant.
Mr. H.J. Dedhia, APP for Respondent–State.
Mr. Satesh Kalbhor, PSI, Trombay Police Station, present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 17th SEPTEMBER, 2026
P.C. :-
1. Heard. Perused the record.
2. The applicant seeking his release on bail in connection with
NDPS Spl. Case No. 198 of 2025 arising out of Cr.No. 486 of
2024, registered with Trombay Police Station, Mumbai, for the
offences punishable under Sections 8(c) read with 22(c) and 29 of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
short, “NDPS”), on a report dated 20.10.2024 lodged by Sanjay
Awhad, PHC.
3. The prosecution case is that, on 20.10.2024, at about 00:50
hours, in a lane behind Hotel Dosti, Trombay, the applicant was
found in possession of 15 bottles of Codeine Phosphate and
Triprolidine Hydrochloride Cough Syrup. The co-accused Nadim
Pasha Shaikh alias Nadda, who was present at the spot along with
the applicant, fled away. Therefore, the aforesaid crime came to be
registered and the applicant was arrested. On completion of
investigation, the police have filed charge-sheet.
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4. The trial Court declined to release the applicant on bail. His
earlier bail application No. 2939 of 2025 before this Court was
withdrawn vide Order dated 27.11.2025, as this Court was not
inclined to grant relief to the applicant. However, liberty was given
to the applicant to file a fresh application after six months, if there
is no substantial progress in the trial.
5. Mr. Satre, learned counsel for the applicant, submitted that,
the charge was framed on 02.07.2025. However, the trial has not
advanced even after passing of the said order dated 27.11.2025.
Therefore, the detention of the applicant is turning punitive and
causing him hardships. The applicant has no criminal antecedents.
Therefore, he urged to grant bail.
6. Mr. Dedhia, learned APP, submitted that the applicant was
found in possession of commercial quantity of contraband. The
applicant has not prima facie shown that he is not guilty of the
said offence. As such, bail be refused.
7. I have considered the submissions. The applicant has been
incarcerated for almost 1 year and 11 months. Although, the charge
has been framed, no witness is been examined till the date. The
applicant is not responsible for the delay in the trial. The applicant
has no criminal antecedents and he is not likely to commit a
similar offence, if released on bail. Therefore, in my view, the
applicant may be released on bail on the ground of prolonged
incarceration.
8. In similar situation in Anandbhai Rajendrabhai Vaniya v.
State of Gujarat, Criminal Appeal No.859/2025 arising out of [SLP
(Crl.) No.17042/2024], as alleged, the appellant was driving the
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SA_MANDAWGAD 908 BA 2467-26.DOC
car from which 995 bottles of RX Codeine Phosphate &
Triprolidine Hydrochloride syrup were seized. The appellant had
figured in eight cases, but, was discharged in five cases, acquitted
in two cases and in the other remaining case, he was on bail.
Taking into consideration the 17 months incarceration of the
Applicant, the nature of allegations levelled against him and, the
possibility of the trial not being concluded anytime soon, the
Hon’ble Supreme Court released the appellant on bail.
In the case of MD Ezaz Afzal & Anr. v. State of W.B SLA
(Crl.) 12419/2024, the petitioners were arrested on 10.12.2023 as
1920 bottles of codeine phosphate syrup were seized from them.
The trial was not commenced. No witness was examined, though
14 were cited by the prosecution. Taking note of the quantity of
codeine phosphate syrup allegedly involved in the case and, the
period of incarceration (11 months) already undergone by the
Petitioners, the Hon’ble Supreme Court released them on bail.
9. In the wake of the above, I am inclined to release the
applicant on bail. Hence, the following Order :
(i) The applicant – Abdul Ajij Maeen Badshah Shaikh Urf
Ajju be released on bail in the aforesaid FIR registered
with Trombay Police Station, Mumbai, on his
executing P.R. Bond in the sum of Rs.50,000/- with
one or two sureties in the like amount.
(ii) The applicant shall mark his attendance at Trombay
Police Station, Mumbai, on 1st day of each calendar
month between 11:00 a.m. to 2:00 p.m. till conclusion
of the trial.
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SA_MANDAWGAD 908 BA 2467-26.DOC
(iii) The applicant shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the
said Court, for the reasons to be recorded in writing.
(iv) The applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence
the prosecution witnesses to prevent them from
deposing against him.
(v) On being released from jail, the applicant shall furnish
his contact number and residential address to the
Investigating Officer and shall keep him updated in
case there is any change.
(vi) The applicant shall not indulge in identical activities
for which he has been arraigned in this case.
(vii) It is clarified that any observation made in the present
Order are for the purpose of deciding this Bail
Application. The trial Court should not get influenced
by any of the said observations and decide the said
case on its own merit.
10. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
PREETI
HEERO
JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.19
14:00:21 +0530
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