MOHAMMED FAISAL HANIF SHAIKHversusSTATE OF MAHARASHTRA

P.H. JAYANI                                             21 BA4521.2025.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                BAIL APPLICATION NO. 4521 OF 2025

Mohammed Faisal Hanif Shaikh                            …. Applicant
      V/s.
The State of Maharashtra                              …Respondent


Mr. Rounak Naik i/b. Ms. Lochan Chandka for the Applicant.
Mr. Vinit Kulkarni, APP for the Respondent – State.
Mr. Balwant Bharade, API, ANC, Thane City, present.


                           CORAM:        SHYAM C. CHANDAK, J.
                           DATED :       19th AUGUST, 2026

P.C. :-

1.        Heard learned Counsel for the parties. Perused the record.
Mr. Naik, learned Counsel for the Applicant tendered an Affidavit
about ‘NIL’ criminal antecedents. It is taken on record (Exh. ‘X’).

2.        The Applicant (Accused No.3) seeks his release on bail in
connection with C.R.No.1699/2024 registered with Shil-Daighar
Police Station, Thane for the offences punishable under Sections
8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic
Substances (NDPS) Act, 1985 and Sections 18(c), 18(a), 27(b) and
28(a) of the Drugs and Cosmetics Act, 1940, on the Report dated
13.12.2024 filed by Mr.Tavade, PHC, ANC, Crime Branch, Thane.

3.        The prosecution case is that on 12.12.2024 at about 18:25
hours, at Daighar, Thane, the Accused No.1-Nawaz Shamshuddin
Pawle (A1) was found in possession of 576 bottles of Codeine
Phosphate based cough syrup. Therefore, the aforesaid crime
came to be registered and A1 was arrested.


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P.H. JAYANI                                              21 BA4521.2025.DOC



         It is alleged that Accused No.2- Shakeel Afroz Ali used to
supply the said contraband to A1. Further, A1 led the police to
certain shop which was managed by A2, where police seized 144
bottles of the same contraband from the possession of A2. It is
alleged that the Applicant and Accused No.4 Siraj Nisar Nurani @
Siraj Memon had sold the contraband on the say of A1. Therefore,
A2 to A4 were arrested. Finally, all accused stood charge-sheeted.
The trial Court declined to release the Applicant on bail.

4.       Mr. Naik, learned Counsel for the Applicant submitted that,
except the statement of A1 that he used to sell the contraband
bottles to the Applicant to sell the same, there is no other evidence
against the Applicant showing his complicity in this crime. As
regards the banking transactions between the Applicant, A1 and
wife of A1, he submits that the said transactions has also no
relevance with this crime. As such, the Applicant is innocent. He
has no criminal antecedents. Therefore, bail may be granted.

5.       In reply, Mr. Kulkarni, the learned APP submitted that
immediately after the seizure of the contraband, A1 disclosed
about the role of the present Applicant in this crime. After arrest of
the accused persons, the investigation revealed the banking
transactions between the Applicant, A1 and wife of A1 which is in
close proximity to seizure of the contraband. Thus, there is a
prima facie case against the Applicant. Since the offence pertains
to commercial quantity of the contraband, bail be refused.

6.       I have considered these submissions. It is a matter of record
that no contraband is seized from possession of the Applicant.
Secondly, the banking transactions pertains to the period from
12.08.2024 to 26.10.2024. The present crime was registered on
12.12.2024. How the said transactions are related to the seized

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P.H. JAYANI                                              21 BA4521.2025.DOC



contraband is not sufficiently explained by the Respondent. The
wife of A1 is not made an accused. Secondly, except the statement
of A1 that the Applicant is involved in this crime, there is no
material on record showing as to how the Applicant was getting
the contraband bottles from A1 to sell to his customers. There is
no investigation as to when and to whom the Applicant has sold
the contraband, if indeed he was procuring it from A1 for that end.
In the backdrop, whether the Applicant is involved in this crime or
not is a question of trial.

7.        Additionally, the Applicant is behind bars for more than 18
months. Till date, charge is not framed. The learned Counsel for
the Applicant submits that the trial Court is dealing with other
custody matters which are more old than this case. Therefore, the
trial is likely to take considerable time to conclude.

8.       In Anandbhai Rajendrabhai Vaniya v. State of Gujarat,
Criminal Appeal No.859/2025 arising out of [SLP (Crl.)
No.17042/2024], as alleged, the appellant was driving the car
from which 995 bottles of RX Codeine Phosphate & Triprolidine
Hydrochloride syrup were seized. The appellant had figured in
eight cases, but, was discharged in five cases, acquitted in two
cases and in the other remaining case, he was on bail. Taking into
consideration the 17 months incarceration of the Applicant, the
nature of allegations levelled against him and, the possibility of the
trial not being concluded anytime soon, the Hon’ble Supreme
Court released the appellant on bail.

9.       In MD Ezaz Afzal & Anr. v. State of W.B SLA (Crl.)
12419/2024, the petitioners were arrested on 10.12.2023 as 1920
bottles of codeine phosphate syrup were seized from them. The
trial was not commenced. No witness was examined, though 14

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P.H. JAYANI                                                  21 BA4521.2025.DOC



were cited by the prosecution. Taking note of the quantity of
codeine phosphate syrup allegedly involved in the case and, the
period of incarceration (11 months) already undergone by the
Petitioners, the Hon’ble Supreme Court released them on bail.

10.      In the wake of above, I am inclined to allow the Application.
Hence, following Order :-

         (i)     The Applicant – Mohammed Faisal Hanif Shaikh shall
         be released on bail in C.R.No.1699/2024 registered with
         Shil-Daighar Police Station, 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 his attendance at Anti-
         Narcotic Cell, Crime Branch, Thane on 1st day of each
         calender 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 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
         witnesses to prevent them from deposing against them.

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

         (vi)    On being released from jail, the Applicant shall
         furnish his contact number and residential address to the



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                      P.H. JAYANI                                                21 BA4521.2025.DOC



                               Investigating Officer and shall keep him updated, in case
                               there is any change.

                               (vii)   The Applicant shall not enter the jurisdiction of Thane
                               District for two years from the date of his release from jail,
                               except for attendance at ANC, Crime Branch, Thane, and
                               before the trial Court.

                               (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.

                      11.      Bail Application stands disposed of in aforesaid terms.



                                                          (SHYAM C. CHANDAK, J.)
  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.08.21
14:11:30 +0530




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