Bombay High Court

SUFIYAN ABDUL MANAN KHANversusSTATE OF MAHARASHTRA

Decided: 31 August 2026
Disposal: Allowed

Holding

The court held that the applicant had made out a case for bail and granted bail subject to conditions.

Summary

Sufiyan Abdul Manan Khan was arrested in February 2024 for possession of 2.140 kg of charas and charged under Sections 8(c), 20(b)(ii)(c) and 29 of the NDPS Act. After more than 2.5 years in custody, he filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, arguing that the prosecution had failed to file the CA/FSL report with the charge‑sheet, a procedural lapse highlighted in the Supreme Court’s decision in Jabir Kha v. State of Madhya Pradesh. The prosecution admitted receipt of the report but said it was not filed with the charge‑sheet. The court, noting the prima facie case for bail and the precedent, granted bail with strict conditions, while expressly reserving the right to decide the merits of the case later.

Issues considered

Whether the prosecution’s failure to file the CA/FSL report with the charge‑sheet violates the accused’s right to statutory bail.
Whether non‑compliance with Section 42 of the NDPS Act precludes grant of bail.
Whether the Supreme Court precedent in Jabir Kha v. State of Madhya Pradesh is applicable to the present bail application.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 29, 42, 8(c)

Subjects

bail
NDPS Act
procedural fairness
CA report
Section 42
pre‑trial detention

Judgment

18.BA.3293.2026.doc

HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.3293 OF 2026

Sufiyan Abdul Manan Khan .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
 Mr. Ayaz Khan a/w. Ms. Zehra Charania and Ms. Mallika Sharma,
Advocates for Applicant.
 Ms. Sangeeta E. Phad, APP for Respondent.
 PSI – Gacche, Dighi Sagri Police Station, Raigad.
...................

CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 31, 2026
P.C.:

1. Heard Mr. Khan, learned Advocate for Applicant and Ms.

Phad, learned APP for Respondent.

2. This is an Application under Section 483 of Bharatiya

Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

No.17 of 2024 registered with Dighi Sagari Police Station for offences

punishable under Sections 8(c), 20(b)(ii)(c), 29 of the Narcotic Drugs

and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

3. The Applicant was indicted in the NDPS offense when

contraband was recovered from his person in a total quantity of 2.140

kg of charas in two different packets. The Applicant was arrested on

22.02.2024 and has been in custody for past more than 2.5 years.

Charges have been framed.

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4. Though initially, Mr. Khan argued the matter on the previous

date and apprised the Court that despite the charge-sheet been filed,

the CA Report has not been annexed thereto or filed along therewith.

5. On inquiry with the prosecution, Ms. Phad in her usual fair

mindedness informs the Court that the CA Report has been received

but has not been filed with the charge-sheet since it was received

subsequently.

6. Mr. Khan would persuade me to consider the decision of the

Supreme Court in the case of Jabir Kha Vs. State of Madhya Pradesh1,

wherein prosecution's conduct has been deemed peculiar and unfair

for not having filed the CA Report / FSL Report with respect of the

alleged contraband alongwith the charge sheet primarily, with a view

to defeat the right of the Accused person to get statutory bail.

7. It is neither the prosecution's case that supplementary

charge-sheet has been subsequently filed alongwith the CA report. The

aforesaid decision of the Supreme Court prima facie covers the case

made out by Mr. Khan for grant of bail.

8. That apart, though Mr. Khan has persuaded me to consider

the issue on merits for non-compliance of the provisions of Section 42

of the NDPS Act, I would refrain myself from doing so primarily

because since charge-sheet is filed and if any observation is made by

1 Criminal Appeal No. 2088 of 2025, arising out of SLP Criminal No. 2933 of 2025 decided on 21.04.2025.

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this Court, it will prima facie affect the prosecution's case otherwise.

9. In view of the above prima facie observations and findings,

the Applicant has made out a case for grant of bail. He is granted bail

subject to following conditions:-

(i) Applicant is directed to be immediately released from

prison in connection with Crime No. 17 of 2024;

(ii) Applicant is directed to be released on bail on

furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty

Thousand only) with one surety of the like amount;

(iii) Applicant shall report to the Investigating Officer at the

concerned Police Station, once every month on the first

Monday of the month between 10:00 a.m. to 12:00

p.m.;

(iv) Applicant shall co-operate with the conduct of trial and

attend the Trial Court on all dates, unless specifically

exempted and will not take any unnecessary

adjournments, if he does so it will entitle the

prosecution to apply for revocation of this order;

(v) Applicant shall not leave the State of Maharashtra

without prior permission of the Trial Court;

(vi) Applicant shall not influence with any of the witnesses

or tamper with the evidence in any manner;

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(vii) Applicant shall keep the Investigating Officer informed

of his current address and mobile contact number and /

or change of residence or mobile details, if any, from

time to time, as applicable; and

(viii)Any infraction of the conditions shall entail cancellation

of bail granted to the Applicant.

10. It is clarified that the observations made in this order are

limited for the purpose of granting Bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.

11. Bail Application is allowed and disposed of in the above

terms.

H. H. SAWANT [ MILIND N. JADHAV, J. ]

Digitally signed by
HARSHADA HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.08.31
15:26:55 +0530

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