Bombay High Court

ABDUL SAMAD MANUWAR KHANversusSTATE OF MAHARASHTRA

Decided: 21 September 2026
Disposal: Allowed

Holding

Bail was granted to Abdul Samad Manuwar Khan on the condition of executing a Rs.50,000 bond and complying with the stipulated conditions.

Summary

Abdul Samad Manuwar Khan was arrested on 25 February 2025 for possession of 24 bottles of codeine phosphate cough syrup, alleged under Sections 8(c) read with 22(c) and 29 of the NDPS Act. The trial court denied bail and the charge was not framed, leaving him in custody for about 20 months. The applicant argued that the prolonged pre‑trial detention warranted bail, while the State contended that the commercial quantity created a prima facie case against him. The judge acknowledged the prima facie case but held that the extended incarceration without trial was punitive and that the applicant was unlikely to abscond or tamper with witnesses. Relying on precedents where similar prolonged detentions led to bail, the court granted bail on a Rs.50,000 bond with standard conditions.

Issues considered

Whether bail should be granted in an NDPS case where the accused has been detained for an extended period without charge framing.
Whether the existence of a prima facie case and possession of a commercial quantity of narcotics precludes bail.
Whether prolonged pre‑trial detention amounts to punitive detention justifying bail.

Legislation cited

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

Subjects

NDPS Act
bail
pre‑trial detention
commercial quantity
codeine phosphate
prolonged incarceration
prima facie case
criminal procedure

Judgment

Digitally
signed by
H.C.SHIV 5.BA2515.26.DOC
HEMANT
HEMANT CHANDERSEN
CHANDERSEN SHIV
SHIV Date:
2026.09.22
19:34:53
+0300
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.2515 OF 2026
Abdul Samad Manuwar Khan …Applicant
V/s.
The State of Maharashtra …Respondent

Mr. Anil Lalla with Mr.Yash Pulekar, Mr.Rushil Alag, Mr.Devang
Rawal for the Applicant.
Mr. Vinod Chate, APP for Respondent No.1-State.
Mr. Ganesh Wagh, API, ANC, Ghatkopar Unit, Mumbai present.

CORAM: SHYAM C. CHANDAK, J.
DATED : 21st SEPTEMBER, 2026
P.C. :-

1. Heard learned Counsel for the parties. Perused the record.

2. Applicant seeks his release on bail in NDPS Special Case
No.1790 of 2025, arising out of Cr. No.17 of 2025, registered with
Anti Narotic Cell, Ghatkopar Unit, Mumbai for the offence
punishable under Sections 8(c) read with 22(c), 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

3. The prosecution case is that, on 25 th February 2025, at about
21.45 hours, while the informant and other police personnel with
him were patrolling at Antop Hill Road, Mumbai, the applicant and
co-accused Sultan were present there. Their conduct appeared
suspicious. Therefore, they were accosted. Both the accused were
holding separate gunny bag in their hand. When the said bags were
searched, 24 bottles of Codeine Phosphate cough syrup were found
in possession of the applicant and 20 bottles of the said contraband
were found in possession of Accused No.2. Therefore, the aforesaid
crime came to be registered and the applicant and A2 were arrested.

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H.C.SHIV 5.BA2515.26.DOC

On completion of the investigation, the charge-sheet came to be
filed. The trial Court declined to release the applicant on bail.

4. Mr.Lalla, learned Counsel for the applicant submitted that,
the applicant is behind bars since the date of his arrest on 26 th
February 2025. However, the case has not progressed. Therefore,
bail may be granted on the ground of prolonged incarceration.

5. Mr.Chate, learned APP submitted that the applicant and A2
were found in possession of commercial quantity of the contraband.
The applicant has not shown that, prima facie, he is not guilty of the
said offence. Therefore, he is not entitled to be released on bail.

6. I have considered these submissions. Considering the
material on record, in my view, there is a prima facie case against
the applicant of having committed the alleged offence. However, it
is the fact that, the applicant is in jail for almost 20 months. Till
date, the charge is not framed. Therefore, the trial is not likely to
commence and conclude within foreseeable period. Consequently,
the continued detention of the applicant in jail, may turn to be
punitive. The applicant is not likely to abscond and tamper with the
prosecution witnesses. He has no criminal antecedents. He is not
likely to repeat such offence.

7. In the case of 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 car from
which 995 bottles of RX Codeine Phosphate & Triprolidine
Hydrochloride syrup were seized. The appellant had figured in eight
cases, discharged in five cases, acquitted in two cases and in the
other remaining case, he was on bail. Considering the period of the
appellant’s incarceration (17 month), the nature of allegations

Page 2 of 4
H.C.SHIV 5.BA2515.26.DOC

levelled against him, and the possibility of the trial not being
concluded anytime soon, the Hon’ble Apex Court released the
appellant on bail.

Similarly, 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 Apex Court released them on bail.

8. In the wake of above, the applicant is entitled for bail. Hence,
following Order is passed:-

(i) The applicant – Abdul Samad Manuwar Khan be
released on bail in NDPS Special Case No.1790 of 2025,
arising out of Cr. No.17 of 2025, registered with Anti Narotic
Cell, Ghatkopar Unit, 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 Anti Narotic
Cell, Ghatkopar Unit, Mumbai on 1st day of each calender
month between 11:00 a.m. to 2:00 p.m. till conclusion of the
trial.

(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.

Page 3 of 4
H.C.SHIV 5.BA2515.26.DOC

(iv) The applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon
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 the present Bail
Application and should not influence the out come of the trial
and also not be taken as an expression of opinion on the
merits of the case.

9. At this stage, as requested by the learned Counsel Mr.Lalla,
the applicant is granted four weeks time to furnish surety. Till then,
the applicant be released on bail on his executing a P.R. Bond in the
sum of Rs.50,000/- and depositing a sum of Rs.50,000/- in lieu of
furnishing the surety bond. On furnishing such surety/ies, the
amount of Rs.50,000/- shall be returned.

10. Bail Application stands disposed of in aforesaid terms.

(SHYAM C. CHANDAK, J.)

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