Bombay High Court
NAUSHEEN MAINUDDIN SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The applicant is entitled to bail as the twin conditions under Section 37 of the NDPS Act are satisfied.
Summary
The High Court considered a bail application filed by Nausheen Mainuddin Shaikh, who was arrested for possession of 79.03 grams of MD, a commercial quantity under the NDPS Act. The police had conducted a trap based on secret information about an unknown woman, yet the Khabar book recorded the applicant's name, raising doubts about the veracity of the informant's tip. The prosecution highlighted procedural compliance and the commercial quantity, while the defence pointed out timing discrepancies, lack of vehicle log entries, and the applicant's clean record. The Court found that these irregularities prevented a prima facie case and that the twin conditions of Section 37 of the NDPS Act were satisfied. Consequently, the Court ordered the applicant's release on bail with standard conditions, emphasizing that the order does not prejudice the trial's merits.
Issues considered
- Whether the prosecution established a prima facie case justifying denial of bail under the NDPS Act.
- Whether procedural irregularities in the secret information and raid undermine the case for detention.
- Whether the conditions for bail under Section 37 of the NDPS Act are satisfied.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 29, 37, 42(1), 8(c)
Subjects
- bail
- NDPS Act
- narcotic drugs
- procedural irregularities
- secret informant
- commercial quantity
- Section 37
- presumption of innocence
Judgment
HEMANT .C.SHIV 915.BA2700.26.DOC
CHANDERSEN
SHIV
Digitally signed by
HEMANT IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CHANDERSEN SHIV
Date: 2026.10.01
CRIMINAL APPELLATE JURISDICTION
18:21:20 +0300
BAIL APPLICATION NO.2700 OF 2026
Nausheen Mainuddin Shaikh …Applicant
V/s.
The State of Maharashtra …Respondent
Mr. Kiran Gogavale for the Applicant.
Ms. Anagha Deshmukh, APP for Respondent-State.
Mr. Baban Bande, ASI, Crime Branch, Unit-4 present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 30th SEPTEMBER, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused the record.
2. Present application seeks release of the applicant on bail in
Special Case No.27 of 2026, pending before the learned Sessions
Court, Kalyan arising out of Cr. No.487 of 2025, registered with Hill
Line police station, Ulhasnagar ,Thane for the offence punishable
under Sections 8(c), 20(b) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (“NDPS Act”).
3. The prosecution case is that, on 4 th August 2025, when the
informant - Rajendra Thorve was present in Crime Branch Unit-4,
he received secret information that, one woman was to come in
Nevali Area, within the limits of Hill Line police station, to sell
contraband substance ‘MD’. He conveyed that information to
Sr.P.I., Mr.Avhad. The latter directed Mr.Gosavi, API and other
police personnel named in the Report to go to that area, verify the
information and lay a trap. Accordingly, the police went to the said
area and laid a trap. At about 16.00 hours, one burqa clad woman
came and stood below a tree in front of Devansh hotel. She was
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holding a purse and was waiting for some person. These
circumstances convinced the informant that the said woman was
the same about whom he had received the secret information.
Therefore, she was accosted. The applicant is the same woman.
After complying with the legal procedure prescribed under NDPS
Act, the bag carried by the applicant was searched in the presence of
a woman panch witness. It was found containing 79.03 grams of
‘MD’. It was seized and panchnama of the said action was recorded.
Accordingly, aforesaid crime came to be registered and it led to
filing of charge-sheet. The trial Court declined the applicant’s prayer
for bail. Hence, this Application.
4. Mr.Gogavale, learned Counsel for the applicant pointed out
several discrepancies. At the outset, he stated that the secret
information was received about an unknown woman. However, the
secret information recorded in the Khabar book u/S. 42 (1) of NDPS
Act, mentions the name of the applicant. The panchnama was
completed at 17.20 hours of 4th August 2025. However, the Report
was lodged at 3.03 hours of 5th August 2025 and, said delay is not
explained. There is no entry about the timings of the vehicle which
was used to carry out the raid. All these circumstances create doubt
about veracity of the prosecution. Therefore, bail be granted.
5. Ms.Deshmukh, learned APP opposed the aforesaid
submissions and stated that, all the provisions of NDPS Act were
properly followed in this case. The applicant was found in the
possession of the commercial quantity of the contraband. There is
nothing to doubt about its seizure. The applicant has not explained
the possession of the contraband. Therefore, there is a prima facie
case against the applicant and having regard to rigors of Section 37
of the NDPS Act, she is not entitled to be released on bail.
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.C.SHIV 915.BA2700.26.DOC
6. I have considered the submissions. There is no dispute about
the fact that the information was received in respect of an unknown
woman. However, the said information recorded in the Khabar
book mentions the name of the applicant. How the police came to
know the name of the applicant before leaving for the raid, is not
discernible from the record. As alleged, the police team left for the
raid at 14.20 hours by vehicle no. MH-04-MA-3056 and, completed
the search and seizure action at 17:20 hours. However, the timings
of leaving left the Crime Branch Unit-4 at 14.20 hours and returning
to the Unit after carrying out the raid are not recorded in the log
book of the vehicle.
In this background, it is difficult to prima facie conclude that
the alleged secret information was received by the informant, it led
to carrying out the trap and, effecting the search and seizure of the
contraband from possession of the applicant. The applicant has no
criminal antecedents. Mr.Gogavale stated that, yet, the C.A. report
is yet not filed in the case. In this background, the twin conditions
under Section 37 of the NDPS Act are satisfied by the applicant.
Therefore, the applicant is entitled to be released on bail.
7. Hence, following Order :-
(i) Applicant – Nausheen Mainuddin Shaikh be released
on bail in aforesaid FIR registered with Hill Line police
station, Ulhasnagar, Thane 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 her attendance at Crime
Branch Unit-4, Ulhasnagar, Thane on 1 st day of each calendar
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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.
(iv) The applicant shall not enter the jurisdiction of Thane
and Palghar Districts till conclusion of the trial, except to
mark her attendance at Crime Branch Unit-4, Ulhasnagar
and to attend the trial in the aforesaid crime.
(v) 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.
(vi) 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.
(vii) The applicant shall not indulge in identical activities for
which he has been arraigned in this case.
(viii) 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 outcome of the trial
and also not be taken as an expression of opinion on the
merits of the case.
8. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
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