SALMAN IZHAR SHAIKHversusTHE STATE OF MAHARASHTRA

WAKLE                 MANOJ                                              903-BA-2554-2026.DOC
MANOJ
JANARDHAN
Digitally signed by        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
WAKLE MANOJ
JANARDHAN                       CRIMINAL APPELLATE JURISDICTION
Date: 2026.09.28
16:32:33 +0530
                              CRIMINAL BAIL APPLICATION NO.2554 OF 2026
                      Salman Izhar Shaikh                                 …Applicant
                              V/s.
                      The State of Maharashtra                            …Respondent


                      Mr. Dilip Mishra a/w Adv. Ayaz Khan, Adv. Zehra Charania &
                      Adv. Mallika Sharma, for the Applicant.
                      Mr. Vinod Chate, APP for the Respondent-State.
                      Mr. Madhukar L. Moule, API, Shivaji Nagar police Station, present.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 24th SEPTEMBER, 2026
                      P.C. :-

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

                      2.      Applicant seeks his release on bail in Special Case No.2387 of
                      2025, pending before the learned Special Judge, NDPS Court, City
                      Civil & Sessions Court, Greater Mumbai. Said case arising out of
                      Cr.No.335 of 2025 registered with Shivaji Nagar Police Station,
                      Mumbai, for the offence punishable under Sections 8(c), 20(b),
                      22(c) and 29 of the Narcotic Drugs and Psychotropic Substances
                      Act, 1985 (“NDPS Act”), on the Report dated 14 th May, 2025 filed by
                      Mr. Sanket Raut, Police Constable.

                      3.      The prosecution case is that on 13th May 2025, at about 20.10
                      hours, Mr. Deshmukh, Police Inspector told to the informant Mr.
                      Sanket Raut, Police Constable and other police officials with him
                      that Mr.Khandare, API, received a secret information from his
                      source that the applicant and his two co-accused have been dealing
                      in illicit contraband namely MD and ganja from their room at
                      Shivaji Nagar, Raza Chowk, Govandi, Mumbai and they were selling

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the same. Therefore, the police team headed by Mr.Pawar, Police
Inspector effected the raid at the said place in the presence of the
panchas. However, A2 and A3 fled from the said room by breaking
open the roof. The applicant was found present there. He was
holding a bag. The said bag was searched in the presence of two
panchas. It found containing 3.78 kg. of MD, 12 kg. of ganja and 36
bottles of Codeine Based Cough Syrup. Said contraband was seized,
and a detailed panchanama was recorded. Thereafter, Mr. Sanket
Raut lodged a report which led to registration of this crime, arrest of
the applicant, inventory proceedings and filing of the charge-sheet.
Thereafter, the applicant filed two successive bail applications
before the Trial Court, both of which came to be rejected.

4.      Mr. Mishra, learned counsel for the applicant, mainly, sought
for bail on the grounds of non-compliance of the mandatory
provisions of the NDPS Act.

5.      Opposing the said submissions, Mr. Chate, the learned APP
submitted that the applicant was found in possession of commercial
quantity of the contraband MD, Codeine Phosphate based cough
syrup bottles and intermediate quantity of ganja. All the provisions
of the NDPS Act were properly complied with before and after
effecting the raid. Therefore, the applicant is not entitled for bail.

6.      I have considered these submissions. Admittedly, the secret
information regarding the dealing in illicit contraband substances
was received by Mr. Khandare, API. However, the said information
was not recorded separately by him. Therefore, question of sending
its copy to the immediate superior officer does not arise. Both are
legal requirements as provided in sub-Section (1) and (2) of Section
42 of the NDPS Act. If these provisions are not followed, there is
every room to doubt the search and seizure.

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        The object of Section 42 NDPS Act is to provide a legal
framework for the entry, search, seizure and arrest of an individual
without a warrant or authorisation in cases of narcotic drugs,
psychotropic substances and controlled substances. This provision
is designated to prevent the destruction of evidence and enable swift
action in drugs related offences. The Section aims to balance the
need for enforcement with the protection of the civil liberties by
imposing mandatory procedural safeguards. In the case in hand,
prima facie it appears that the said balance is completely ignored.

7.      As per the record, the samples to be taken to the office of the
C.A. were removed from the ANC godown on 24th September, 2025.
The same were deposited in the office of the C.A. on 31 st October,
2025. However, surprisingly, the statement of the police carrier is
recorded on 21st May, 2025 that he had carried the samples to the
CA on 31st October, 2025. There is an interpolation in the date
written on the forwarding letter to the CA. As per the statement of
the carrier, he had carried the samples marked Exh. “A” to Exh. “H”,
respectively. Whereas, the forwarding letter mentions that the
samples were marked Exh. “A-1” to Exh. “H-1”, respectively.
Therefore, it is also not clear as to which samples were carried by
the carrier. These facts create doubt about carrying the same
samples to the office of the C.A.

8.      In view thereof, the applicant has shown that the first
condition of Section 37 of NDPS Act is met. The applicant has no
criminal antecedents. He is not likely to commit the similar offence.
Therefore, he is entitled for bail. Hence, Order:-

        (i)   Applicant – Salman Izhar Shaikh shall be released on
        bail in Special Case No.2387 of 2025, pending before the
        learned Special Judge, NDPS Court, City Civil & Sessions

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        Court, Greater Mumbai arising out of Cr.No.335 of 2025
        registered with Shivaji Nagar Police Station, Mumbai, on his
        furnishing 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 Shivaji
        Nagar Police Station, Mumbai, on the 1st day of month
        between 12:00 noon to 4:00 p.m., till the 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.

        (iv)     The applicant shall not tamper with the prosecution
        evidence and shall not influence upon the prosecution
        witness to prevent them from deposing against him.

        (v)      On being released from jail, the applicant shall furnish
        his contact number and residential address to Investigation
        Officer and, keep him updated, if there is any change.

        (vi)     The applicant shall not indulge in identical activities for
        which he has been arraigned in this case.

        (vii) Any observation made in the present Order are for the
        purpose of deciding the present Bail application and should
        not influence the outcome of the trial.


9.      Application stands disposed of in the aforesaid terms.



                                   (SHYAM C. CHANDAK, J.)


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