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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

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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.C.SHIV                                                   915.BA2700.26.DOC




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.


                                Page 2 of 4
.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



                                  Page 3 of 4
.C.SHIV                                                           915.BA2700.26.DOC




          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.)


                                      Page 4 of 4


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