Bombay High Court

AKASH SHARMBHU GAISUMNDREversusUNION OF INDIA

Decided: 20 August 2026
Disposal: Disposed Off

Holding

Bail is denied as the applicant is prima facie involved in the NDPS offence involving commercial quantity, and Section 37 of the NDPS Act applies.

Summary

The applicant, Akash Shambhu Gaisumndre, was arrested along with another accused while loading 75 boxes of codeine‑based cough syrup, a contraband under the NDPS Act, from a godown in Bhiwandi. The NCB seized the goods, recorded statements under Section 67, and the trial court denied bail. The applicant contended he was merely a transporter hired by the co‑accused and sought release on bail, citing prolonged pre‑trial detention. The respondent argued that the applicant’s continuous phone contact with the co‑accused, lack of a licence, and joint conscious possession indicated participation in a conspiracy involving commercial quantity, invoking the strict provisions of Section 37 of the NDPS Act. The court found a strong prima facie case, noted the commercial quantity and risk of repeat offence, and applied Section 37, thereby rejecting the bail application. The order also directed the trial court to expedite the trial.

Issues considered

Whether bail can be granted to an accused involved in an NDPS offence involving commercial quantity of contraband.
Whether the applicant’s role as a transporter amounts to participation in the offence under Sections 8(c), 21(c), 22(c), 28 and 29 of the NDPS Act.
Whether the provisions of Section 37 of the NDPS Act preclude bail in the present circumstances.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 28, 29, 37, 67, 8(c)

Subjects

NDPS Act
bail
commercial quantity
codeine based cough syrup
narcotics
conspiracy
transport
Section 37
prima facie case

Judgment

WAKLE                 MANOJ                                              911-BA-4768-2024.DOC
MANOJ
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.08.24
19:08:25 +0530
                                CRIMINAL APPELLATE JURISDICTION
                           CRIMINAL BAIL APPLICATION NO.4768 OF 2024
                      Akash Shambhu Gaisumndre                            …Applicant
                           V/s.
                      Union of India                                      …Respondent


                      Mr. Sayabanna K. Kamble, for the Applicant.
                      Mr. D. P. Singh, for the Respondent-NCB.
                      Mr. H. J. Dedhia, APP for the Respondent-State.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 20th AUGUST, 2026
                      P.C. :-

                      1.      Heard learned Counsel for the parties. Perused the record.

                      2.      The Applicant seeks his release on bail in connection with
                      Cr.No.25 of 2023, registered with Narcotics Control Bureau,
                      Mumbai Zonal Unit, Mumbai, for the offence punishable under
                      Sections 8(c), 21(c), 22(c), 28 and 29 of the Narcotic Drugs and
                      Psychotropic Substances Act, 1985 (for short “NDPS Act”).

                      3.      The prosecution case is that on 28.09.2023, Mr.Satish
                      Kumar, Intelligence Officer, NCB, Mumbai received secret
                      information that total 75 boxes of bottles containing Codeine
                      Based Cough Syrup (“CBCS”) were lying in a godown of Surat
                      Ahmedabad Transport Pvt. Ltd., at Bhiwandi and Accused No.1
                      alongwith the Applicant who was to drive the vehicle in which the
                      contraband boxes were to be loaded. Acting on the said
                      information, the team of Intelligence Officer along with two
                      panchas kept surveillance there. At about 10.30 hours, Accused
                      No.1 and the Applicant entered the godown premises and loaded
                      the contraband boxes. At that juncture, the NCB team effected the
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MANOJ                                              911-BA-4768-2024.DOC



raid and seized the contraband boxes recording a panchanama.
Thereafter, the NCB Officer recorded the Statement under Section
67 of the NDPS Act of both the accused. Investigation revealed the
commission of the offence. Accordingly, this crime came to be
registered and both the accused came to be arrested. Further
investigation    revealed the involvement of A3 and A4. On
completion of the investigation, the NCB filed a complaint
enclosing the material evidence. The trial Court declined to release
the Applicant on bail. Hence, this Application.

4.      Mr. Kamble, learned Counsel for the Applicant submitted
that the Applicant is doing as a transporter and, he was engaged
by A1 to transport the alleged boxes containing CBCS bottles.
Therefore, the Applicant is innocent. He submitted that the
Applicant is in jail since last three years. The trial has not
advanced. Therefore, he urged to release the Applicant on bail.

5.      In reply, Mr. Singh, learned Counsel for the Respondent-
NCB submitted that A1 and the Applicant both were apprehended
while they were transporting huge quantity of the contraband
bottles. Before that, they transported the said stock from Gujarat.
The joint conscious possession coupled with the CDRs of the
mobile phone of both the accused clearly indicate that they have
committed this offence hatching a conspiracy. Therefore and,
having regard to the rigours of Section 37 of the NDPS Act, bail be
refused.

6.      I have considered these submissions. Record indicates that
A1 had no licence to procure and deal with the said contraband
bottles in a lawful manner. The CDRs indicate that between
01.04.2023 to 28.09.2023, the Applicant and A1 had exchanged
approximately 179 to 192 calls. The Applicant has not explained

                              Page 2 of 3
MANOJ                                                911-BA-4768-2024.DOC



the said circumstance. This indicates that the two were in
continuous contact with each other. Both the accused have been
apprehended when they moved the tempo to transport the
contraband bottles to the desired destination. Thus, there is a
strong prima facie case against the Applicant of having committed
the alleged offence along with A1. Since the offence pertain to
commercial quantity of the contraband, the rigors of Section 37 of
the NDPS Act are applicable with full force. Considering the
material against the Applicant, the possibility of his repeating the
offence cannot be ruled out.

7.      In the wake of above, the Applicant is not entitled for bail.
As a result, the Application is liable to be rejected and is rejected,
accordingly.

8.      It is clarified that the observations 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.

9.      Looking at the incarceration of the Applicant, the trial Court
is requested to expedite the trial.



                                (SHYAM C. CHANDAK, J.)




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