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Bombay High Court

RUKSAR AHEMAD HUSAIN BARBHIYA @ RUKSAR AWAIS KHANversusTHE STATE OF MAHARASHTRA

Decided
Disposal
BAIL GRANTED

Holding

The High Court enlarged bail for the applicant, finding no material evidence against her and deeming the co‑accused's statement insufficient to deny bail.

Summary

The applicant, Ruksar Ahemad Husain Barbhiya, was arrested under the NDPS Act based solely on the statement of a co‑accused, Hafizullah Khan, who alleged she dealt in heroin. No narcotic substances were recovered from her person or premises, and the prosecution’s case rests on that testimony. The applicant had three prior NDPS cases, for which she was already out on bail, and she is a 35‑year‑old mother of three minor children. The trial court had rejected her earlier bail plea, prompting this appeal to the High Court. The bench, noting the lack of material evidence against her and considering her personal circumstances, held that there was insufficient basis to deny bail and ordered her release on bail with standard conditions. The order emphasized that the observations were prima facie and the trial court would decide the case on its merits.

Issues considered

  • Whether bail should be granted in an NDPS case where the only evidence against the accused is the testimony of a co‑accused and no contraband has been seized.
  • Whether the applicant's prior NDPS antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • co‑accused testimony
  • drug offences
  • prior criminal antecedents
  • gender considerations
  • criminal procedure

Judgment

Prasad Rajput
    (P.A.)                                      14_BA_4885_2025.doc




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
                BAIL APPLICATION NO.4885 OF 2025


Ruksar Ahemad Husain Barbhiya @ Ruksar              …Applicant
Awais Khan
      Versus
State of Maharashtra                                …Respondent


Mr. Vikas Shinde, for the Applicant.
Ms. Poonam P. Bhosale, APP for the Respondent - State.
PSI – Mahesh Anjanwad, Shivajinagar Police Station, Mumbai,
      present.


                      CORAM           DR. NEELA GOKHALE, J.
                      DATED:          08TH JANUARY 2026
PC:-


1.              By this Application, the Applicant seeks her

enlargement on bail in connection with C.R. No. 600 of 2025

dated 8th August, 2025 registered with the Shivaji Nagar

Police Station, for the offences punishable under Sections

8(c), 20(b), 22(b) and 29 of the Narcotic Drugs and

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

are in all six accused persons involved in the present case.




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2.               The case of the prosecution, in brief, is that on 8 th

August, 2025, the police officials of the concerned police

station set out on patrolling duty. During patrolling, they

found three persons loitering suspiciously. One of them was

holding a black polythene bag, another was holding a yellow

plastic bag and one more person was with them. Upon

interrogation, it transpired that the bags contained cough

syrup having codeine phosphate in commercial quantity. After

following the due procedure prescribed under the NDPS Act,

all three persons were arrested. They were identified as Hanif

Abdul Gafur Khan, Mohd. Ayaz Mohd. Sabuddin Khan and

Nisar Ahmed Hinayat Khan.



3.               During interrogation, they revealed the name of

another         dealer,   namely        Hafizullah   Khan,   who     was

subsequently arrested. Upon his interrogation, Hafizullah

Khan stated that his wife was also helping him in selling

cough syrup. He also stated that he was also purchasing

Heroin from the present Applicant namely, Ruksar. Thus, on




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the basis of his statement, the Applicant was also arrested on

14th August, 2024, pursuant to registration of the FIR.



4.              The Applicant made an application seeking bail

before the Mumbai Sessions Court (NDPS), 42 nd Additional

Sessions Judge, however, by order dated 20th December, 2025,

the said Application was rejected, hence, the Applicant has

filed the present Bail Application for the reliefs as prayed.



5.              Mr. Shinde, learned counsel for the Applicant,

submits that it is only on the statement of the co-accused i.e.

Hafizullah Khan, that the Applicant has been arrested. Her

house was searched. Her personal search was also conducted.

However, nothing was recovered from the present Applicant.

He submits that save and except the statement of the co-

accused, there is no material against the present Applicant. He

thus, prays that the Applicant be enlarged on bail.



6.              Ms. Bhosale, learned APP representing the State,

at the outset, states that there are three criminal antecedents



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of NDPS Act itself against the present Applicant. However, she

concedes that nothing was recovered from her premises or her

person. She submits that the entire gang is dealing in drugs

and although the three accused were found with codeine

phosphate cough syrup, it is the co-accused, Hafizullah Khan,

who revealed that it was the present Applicant who was

selling Heroin for further distribution. She submits that the

offence is serious and there is concerted action of selling

Ganja, Codeine Phosphate and Charas. In these circumstances,

she submits that the Application be rejected.



7.              I have heard learned counsel for the parties and

perused the record of the case with their assistance.



8.              Admittedly, there is nothing recovered from the

person of the present Applicant. Save and except the

statement of co-accused, Hafizullah Khan, there is no material

on record to indicate complicity of the present Applicant in

the present case. In these circumstances, prima facie I am of

the view that there is reason to believe that the Applicant may



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not have committed the said offence. Admittedly, there are

three criminal antecedents against the Applicant, but she is on

bail in all the three cases. Since her complicity in the present

offence is suspect, and that the Applicant is a lady aged 35

years, having three minor children, 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.35,000/ 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;



      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;




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      iv)       If the Applicant has not deposited her

      passport, if any, the Applicant shall deposit the same

      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 her 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;



      viii)     The Applicant to co-operate with the conduct

      of the trial;




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      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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