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Bombay High Court

RAM BABU LINGHAMversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the applicant with specified conditions.

Summary

The High Court considered a bail application filed by Ram Babu Lingham, accused of possessing 3,840 bottles of codeine‑phosphate cough syrup under Sections 22(c) and 29 of the NDPS Act. The trial court had refused bail, citing the large quantity seized. The applicant’s counsel argued that he had no prior criminal record and sought bail on the principle of parity, noting that a co‑accused, Amol Vidhate, had been granted bail by the Supreme Court in a similar case after three years and seven months of incarceration. The court examined the material facts, the Supreme Court’s recent order, and the applicant’s lack of antecedents, and concluded that bail was appropriate. Accordingly, the court granted bail with a cash bond of Rs. 50,000, sureties, and a series of conditions regarding attendance, non‑engagement in similar activities, and non‑interference with evidence.

Issues considered

  • Whether bail should be granted to an accused in an NDPS case involving a large quantity of contraband despite the trial court’s refusal.
  • Whether the principle of parity with a co‑accused who obtained bail from the Supreme Court warrants granting bail to the applicant.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine
  • parity
  • prolonged incarceration
  • criminal antecedents
  • conditions of bail

Judgment

P.H. JAYANI                                               41 BA533.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                 BAIL APPLICATION NO. 553 OF 2026

Ram Babu Lingham                                         …. Applicant
      V/s.
The State of Maharashtra                                … Respondent


Mr. Kamlesh M. Satre a/w. Mr. Nilesh S. Bangar for the Applicant.
Mr. Vinod Chate, APP for the Respondent – State.
Mr. S.S. Chavan, HC, ANC, Azad Maidan Police Station, present.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      31st AUGUST, 2026

P.C. :-

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

2.        The applicant seeks his release on bail in NDPS Special Case
No.898/2023 pending on the file of the learned Special Judge,
City Civil & Sessions Court, Gr. Bombay. Said case arose out of
Crime No.189/2022 registered with Anti Narcotic Cell, Azad
Maidan Unit, Mumbai under Sections 22 (c) and 29 of the
Narcotic Drugs and Psychotropic Substances Act 1985, on the
Report dated 11.12.2022 filed by Mr. Bhalerao, PSI.

3.        The prosecution case is that at the relevant time and place,
the applicant, Accused No.2 – Amol K. Vidhate and co-accused
Mohd. Aquib Abrar Husain Mansuri were found in possession of
total illicit 3840 bottles of Codeine Phosphate based cough syrup.
The investigation with A2 led to recovery of 1130 such bottles. A2
used to supply the said contraband to A4 and A5. Therefore, the
aforesaid crime came to be registered and the applicant and his
co-accused were arrested. On completion of investigation, police

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P.H. JAYANI                                             41 BA533.2026.DOC



submitted the charge-sheet. The trial Court declined to release the
applicant on bail.

4.       Mr. Satre, learned Counsel for the applicant submits that
the applicant has no criminal antecedents. He is seeking bail only
on the principle of parity.

5.       Mr. Chate, the learned APP submitted that huge quantity of
the contraband was seized from the possession of the applicant
and his co-accused. Hence, bail be refused.

6.       The material on record indicate that the entire contraband
substance was procured by A2 to sell the same to earn money. The
Hon’ble Supreme Court vide Order dated 7th August, 2026 in SLP
(Criminal) No.11806 of 2026, granted bail to A2 – Amol Vidhate
mainly on the ground of prolonged incarceration. The applicant is
behind bars for three years and seven months. The applicant has
no criminal antecedents. Therefore, the applicant is entitled for
bail on the principle of parity.


7.       Hence, the following Order :-


         (i)    The applicant– Ram Babu Lingham be released on
         bail in NDPS Special Case No.898/2023 pending on the file
         of learned Special (NDPS) Judge, City Civil & Sessions
         Court, Gr. Bombay arising out of Cr.No.189/2022 registered
         with Anti Narcotic Cell, Azad Maidan Unit, Mumbai, 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, Azad Maidan Unit, Mumbai on 1 st day of a

                                Page 2 of 3
                      P.H. JAYANI                                                   41 BA533.2026.DOC



                               month between 11:00 a.m. to 2:00 p.m., every three months,
                               till conclusion of the trial.

                               (iii)    The applicant shall regularly attend the proceedings
                               before the jurisdictional Court unless exempted by the said
                               Court.

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

                               (v)      The applicant shall not tamper with the prosecution
                               evidence and shall not influence upon the prosecution
                               witnesses to prevent them from deposing against him.

                               (vi)     On being released from jail, the applicant shall
                               furnish his contact number and residential address to the
                               Investigating Officer and shall keep him updated, in case
                               there is any change.

                               (vii)    It is clarified that the observation made in the present
                               Order and grant of the bail will not be treated as findings on
                               the merit of the case.


                      8.       Bail Application stands disposed of in aforesaid terms.



                                                          (SHYAM C. CHANDAK, J.)
  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.02
17:29:30 +0530




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