Bombay High Court
ALIASGAR SAIFUDDIN RAMPURWALAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NEELA KEDAR GOKHALE
Holding
The High Court granted bail to the applicant, subject to conditions, despite the NDPS charges.
Summary
The applicant, Aliasgar Saifuddin Rampurwala, was arrested on 17 November 2023 after police recovered 640 bottles of cough syrup alleged to contain codeine phosphate, leading to charges under the NDPS Act and the Drugs and Cosmetics Act. The applicant’s bail plea before the Special NDPS Judge was rejected, prompting a fresh bail application before the Bombay High Court, where he argued that the quantity of codeine was negligible, supported by a manufacturer’s certificate, and that charges had not been framed for over two years. The State highlighted the applicant’s criminal antecedents and a forensic report confirming the presence of codeine, though the exact quantity was not specified. The Court noted that prolonged pre‑charge detention infringes the fundamental right to liberty under Article 21 and that, in such circumstances, the statutory embargo of Section 37 NDPS may be relaxed. Consequently, the Court granted bail with a set of strict conditions, emphasizing that the decision is limited to this application and does not prejudice the trial court’s eventual judgment.
Issues considered
- Whether bail can be granted under Section 37 of the NDPS Act when charges have not been framed for an extended period.
- Whether the quantity of codeine phosphate in the seized cough syrups falls within the definition of contraband under the NDPS Act.
- Whether the applicant’s right to liberty under Article 21 overrides the statutory presumption of non‑bail in NDPS cases.
Legislation cited
- Drugs and Cosmetics Act, 1940 — s. 18(c), 27
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 29, 37, 8(c)
Subjects
- bail
- NDPS Act
- codeine
- Article 21
- pre‑charge detention
- contraband
- criminal procedure
Judgment
Prasad Rajput
(P.A.) 26_BA_3076_2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3076 OF 2024
Aliasgar Saifuddin Rampurwala …Applicant
Versus
State of Maharashtra …Respondent
Mr. Rajendra S Bidkar, for the Applicant.
Ms. Anuja S. Gotad, APP for the Respondent - State.
API – Shweta Chavan, Central Crime Unit, Thane City,
present.
CORAM DR. NEELA GOKHALE, J.
DATED: 20TH FEBRUARY 2026
PC:-
1. By this Application, the Applicant seeks his
enlargement on bail in connection with C.R. No. 487 of 2023
dated 17th November, 2023 registered with the Shildaighar
Police Station, for the offences punishable under Sections
8(c), 21(c), 22(c) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short ‘NDPS’) Drugs
and Cosmetics Act, 1940 and Sections 18(c) and 27 of the
Drugs and Cosmetics Act, 1940.
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2. The case of the prosecution, in brief, is that on 17th
November 2023, the police officials received a secret
information regarding illegal sale of contraband. Accordingly,
a trap was arranged and they reached the spot. They stopped
a Baleno car and Applicant and the co-accused were
apprehended. They disclosed their names as Aliasgar
Saifuddin Rampurwala and Rahat Surendra Pal. On
conducting a search, 640 bottles of cough syrup were
recovered. It is alleged that the bottles recovered contained
codeine phosphate. Accordingly, the Applicant and the co-
accused were arrested pursuant to registration of the FIR.
3. The Applicant made an application seeking bail
before the Special Judge (NDPS), Thane. However, by order
dated 9th July, 2024 the said application was rejected. Hence,
the Applicant has filed the present Bail Application for the
relief as prayed.
4. Mr. Bidkar, learned counsel for the Applicant,
submits that the bottles recovered from the Applicant does not
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fall within the list of contraband substances under the NDPS
Act. He points to a certificate and communication issued by
the manufacturer of the cough syrups, which clearly informed
the police that the quantity of codeine phosphate in the cough
syrups is negligible and much within the prohibited quantity
as per the Act. He submits that the Applicant was arrested on
17th November 2023, and till date the charges are not framed.
He submits that on the ground of long incarceration, the
Applicant deserves to be enlarged on bail.
5. Ms. Gotad, learned APP representing the State,
submits that the Applicant has criminal antecedents against
him. She also points to the CA report which has come positive
for codeine phosphate. However, the quantity of cough syrups
has not been enumerated in the said report.
6. Be that as it may, the Applicant has suffered more
than two years of incarceration without the charges being
framed.
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7. In a series of judgments, the Supreme Court has
observed that long incarceration militates against the precious
fundamental right guaranteed under Article 21 of the
Constitution of India and as such, conditional liberty
overriding the statutory embargo created under Section 37 of
the NDPS Act, 1985 may, in such circumstances, be
considered.
8. In these circumstances, I am inclined to enlarge
the Applicant on bail. It is accordingly ordered as under:-
ORDER
i) The Applicant be enlarged on bail, on
executing PR Bond in the sum of Rs.50,000/ with
one or two local sureties in the like amount;
ii) The Applicant shall attend the Trial Court
concerned on each and every date unless exempted
by the orders of the Trial Court concerned;
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iii) The Applicant shall also attend the Police
Station concerned once in a month between 11:00
a.m. to 02:00 p.m., till the charges are framed;
iv) If the Applicant is a holder of passport, he
shall deposit the same, if not already deposited, with
the Police Station concerned;
v) The Applicant shall not leave India, without
the permission of the Trial Court;
vi) The Applicant shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
vii) The Applicant shall inform his latest place of
residence and contact number immediately after
being released and / or change of residence or
mobile details, if any, from time to time to the Court
seized of the matter and to the Investigating Officer
of the Police Station concerned;
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viii) The Applicant to co-operate with the conduct
of the trial;
ix) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
9. Application is allowed in the above terms and is
accordingly disposed of.
10. It is made clear that the observations made herein
are prima facie and are confined to this Application and the
learned Trial Judge to decide the case on its own merits,
uninfluenced by the observations made herein.
(DR. NEELA GOKHALE, J)
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