Bombay High Court

ARFAT HANIF SHAIKHversusSTATE OF MAHARASHTRA

Decided: 8 May 2026
Disposal: Allowed
Bench: R M JOSHI

Holding

Bail was granted as the seized quantity was non‑commercial and Section 37 was deemed inapplicable, with no prior criminal record to impede release.

Summary

The applicant, Arfat Hanif Shaikh, was arrested at Mumbai's international airport with 1,144 grams of ganja, alleged to be a non‑commercial quantity under the NDPS Act. The prosecution alleged a trap was laid based on prior information and filed a charge‑sheet. The applicant’s counsel argued that he has no prior criminal record and that the seized amount does not attract the stringent provisions of Section 37 of the NDPS Act. The Special Public Prosecutor opposed bail on the ground of seriousness of the offence, but the court noted the non‑commercial nature of the contraband and the applicant’s clean record. Consequently, the court allowed bail, directing the applicant to furnish a personal bond of Rs 30,000 with sureties and imposing conditions of staying in India and attending trial dates.

Issues considered

Whether Section 37 of the NDPS Act applies to a case involving a non‑commercial quantity of narcotics.
Whether bail can be granted in an NDPS case where the accused has no prior criminal history and the charge‑sheet has been filed.

Legislation cited

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

Subjects

bail
NDPS Act
non‑commercial quantity
Section 37
narcotics seizure
airport
personal bond

Judgment

                                                      915-BA-807-2026.DOC




                                                                     Shivgan


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION


          CRIMINAL BAIL APPLICATION NO. 807 OF 2026

Arfat Hanif Shaikh                                    ...Applicant
      Versus
State Of Maharashtra                                  ...Respondent


Mr. Swapnil Patil, i/b Dev Gupta, for the Applicant.
Ms. Megha Bajoria, SPP with S.S.Ghag, APP for the Respondent-
      State.


                      CORAM:        R. M. JOSHI, J.
                      DATED:        8th MAY, 2026.
PC:-


1.     The Applicant seeks bail in N.D.P.S. Special Case No.2701 of
2025 in NDPS Special R.A. No. 1608/RA/2025 arising out of F.No.
SD/INT/AIU/435/2025-AP ‘A’ registered with Air Intelligence Unit,
Chhatrapati Shivaji Maharaj International Airport, Terminal-II,
Mumbai for the offences punishable under Sections 8(c) read with
21(b), 23(b), 28, 29, 30, 35 and 54 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (‘NDPS Act’).

2.     In short, it is the case of the prosecution that on the basis of
prior information, a trap was laid and on arrival of the present
Applicant, 1144 grams of Ganja was recovered from the present
Applicant. On conclusion of investigation, the charge-sheet is filed.




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3.    Learned counsel for the Applicant submitted that the
Applicant has no criminal history, and since the seized contraband
is of non-commercial quantity, the rigors of Section 37 of the NDPS
Act has no application to the present case.

4.    Though, reply is not filed on record, the learned Special
Public Prosecutor opposes the Application by citing seriousness of
the crime.

5.    Since, admittedly, the contraband seized from the present
Applicant is of non-commercial quantity, rigors of Section 37 of the
NDPS Act have no application to the present case. After completion
of investigation and filing of charge-sheet coupled with the fact
that the Applicant has no criminal history behind him, there is no
impediment in granting bail to the Applicant.

                                                ORDER

      (i) The Bail Application stands allowed in connection with
      N.D.P.S. Special Case No.2701 of 2025 in NDPS Special R.A.
      No.1608/RA/2025              arising        out         of       F.No.
      SD/INT/AIU/435/2025-AP‘A’              registered      with        Air
      Intelligence Unit, Chhatrapati Shivaji Maharaj International
      Airport, Terminal-II, Mumbai;

      (ii) The Applicant be released on bail on furnishing P.R. Bond
      of Rs.30,000/- with one or two sureties in the like amount to
      the satisfaction of the Trial Court;

      (iii) The Applicant shall not leave India without seeking
      prior permission of the Trial Court till conclusion of trial;


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           (iv) The Applicant to attend all the dates of hearing before
           the Trial Court except exempted by a specific order by the
           Trial Court;

           (v) 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.


6.         The Bail Application stands disposed of.

                                                      (R. M. JOSHI, J.)
                                                                          {




SHAMBHAVI
NILESH
SHIVGAN
Digitally signed by
SHAMBHAVI
NILESH SHIVGAN
Date: 2026.05.08
20:48:57 +0530




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