Bombay High Court

FAEEM FAROOQ SHAHversusTHE UNION OF INDIA AND ANR

Decided: 10 April 2026
Disposal: BAIL GRANTED
Bench: R M JOSHI

Holding

Bail was granted as Section 37 does not apply to non‑commercial quantities and the applicant has no prior criminal history.

Summary

The applicant, Vasant Anandrao Idhol, was arrested after 2,800 grams of ganja were seized from him based on intelligence inputs, leading to charges under several provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The applicant pleaded that he has no prior criminal record and that the seized quantity does not constitute a commercial amount, thereby arguing that the stringent bail provisions of Section 37 of the NDPS Act should not apply. The prosecution opposed bail, citing the seriousness of the offence and the risk of recurrence. The court held that since the quantity was not commercial, Section 37 was inapplicable, and given the applicant's clean record, continued detention served no purpose; bail could be secured with appropriate conditions. Consequently, the bail application was allowed, subject to a cash bond, travel restrictions, attendance requirements, and a non‑interference clause with witnesses.

Issues considered

Whether Section 37 of the NDPS Act applies when the seized narcotic quantity is not of commercial scale.
Whether the seriousness of the offence and alleged risk of re‑offence justify denial of bail.
What conditions are appropriate for granting bail in NDPS cases involving non‑commercial quantities.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 23(b), 28, 29, 30, 35, 37, 54, 8(c)

Subjects

bail
NDPS Act
Section 37
non‑commercial quantity
criminal history
court conditions

Judgment

                                                                          16-ba556-26.doc

       vai
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL
                             CRIMINAL BAIL APPLICATION NO.556 OF 2026
Digitally signed
by VASANT
ANANDRAO           Faeem Farooq Shah                                   ...Applicant
IDHOL
Date: 2026.04.15
                             V/s.
11:23:10 +0530     Union of India & Anr.                               ..Respondents


                   Mr.Agastya Desai for the Applicant.

                   Ms.Megha Bajoria SPP for UoI – Respondent No.1.

                   Mr.S.S. Ghag, APP for the State – Respondent No.2.

                                    CORAM : R.M. JOSHI, J.
                                    DATE : 10TH APRIL, 2026.
                   P.C. :-

                   1.          Learned SPP appears for Respondent No.1           files

                   affidavit in reply, taken on record, copy is made over to the other

                   side.

                   2.          The applicant seeks bail in connection with Crime

                   No.F.No.SD/INT/AIU/441/2025-AP           `A’    registered    with

                   Intelligence Officer, AIU, CSMI Airport, Sahar, Mumbai for the

                   offences punishable under Sections 21(b), 23(b), 28, 29, 30, 35,

                   54, r/w 8(c) of NDPS Act.

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3.           In short, it is the case of the prosecution that from the

present applicant, 2800 grams Ganja was recovered. This

recovery was done on the basis of specific intelligence received

by the Authority. After due compliance of the provisions of the

NDPS Act, investigation is completed and chargesheet is filed.

4.           Learned counsel for the Applicant submits that the

Applicant has no criminal history and considering the fact that

the contraband seized at the instance of the Applicant is not of

commercial quantity, rigors of Section 37 of the          Act has no

application.

5.           Learned SPP opposed the application by citing the

seriousness of the crime and the possibility of re-occurance of

the crime.

6.           Once it is not in dispute that the contraband seized

from the applicant is not of commercial quantity, the rigors of

Section 37 of the Act would not apply. In such circumstances,

when the applicant has no criminal history, no purpose would

be served by putting him in jail once the investigation is over.

His presence will and can be secured by imposing appropriate


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conditions. Hence the order :-

                     ORDER:

a).       The Application stands allowed.

b).       The Applicant be enlarged on bail in connection with

Crime No.F.No.SD/INT/AIU/441/2025-AP `A’ registered with

Intelligence Officer, AIU, CSMI Airport, Sahar, Mumbai           on

furnishing PR bond of Rs.30,000/- with one surety or two

sureties in the like amount to the satisfaction of the Trial Court.

c).       The Applicant not to leave India without the

permission of the Trial Court.

d).       The Applicant to attend the Trial Court on each dates

of hearing unless exempted by the Trial Court.

e).       The Applicant not to contact any witness directly or

indirectly and not to interfere into the evidence of the

prosecution in any manner whatsoever.

f).       It is clarified that above observations are prima-facie in

nature and would not bind Trial Court / parties during trial.


                                              (R.M. JOSHI, J.)



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