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Bombay High Court

Siraj Mohammed Fakir Mohammed Qureshi Alias SidhaversusAnti Narcotic Cell, Ghatkopar Unit

Decided
Disposal
Disposed Off

Holding

Charges framed solely on the co‑accused’s statement without corroborative evidence are invalid, and the applicant is discharged.

Summary

The applicant, Siraj Mohammed Qureshi, challenged the framing of charges under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, alleging that the prosecution relied solely on the co‑accused’s statement without any documentary or material evidence linking him to the contraband. The prosecution claimed the applicant supplied 65 g of mephedrone to the co‑accused and presented antecedent allegations of similar conduct. The court examined the record and found no independent evidence establishing contact or conspiracy between the applicant and the co‑accused. Relying on the principle that a charge must be supported by prima facie material, the judge held that proceeding on the co‑accused’s statement alone amounted to an abuse of process. Consequently, the charges were set aside, the applicant was discharged, and the revision and interim applications were disposed.

Issues considered

  • Whether a charge under the NDPS Act can be validly framed when the only basis is the statement of a co‑accused without corroborative evidence.
  • Whether the absence of documentary or material proof of contact or conspiracy renders the prosecution's case prima facie insufficient.

Legislation cited

Subjects

  • NDPS Act
  • charge framing
  • evidence
  • co‑accused statement
  • abuse of process
  • discharge

Judgment

                                                                              10-REVN-100-2026 (CR).doc


                   Tikam

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL REVISION APPLICATION NO. 100 OF 2026

                           Siraj Mohammed Fakir Mohammed Qureshi Alias Sidha
VAISHALI                                                                           ...Applicant/s
ANIL                       Versus
TIKAM                      Anti Narcotic Cell, Ghatkopar Unit                      ...Respondent/s
Digitally signed
by VAISHALI                                                 With
ANIL TIKAM                                  INTERIM APPLICATION NO. 409 OF 2026
Date: 2026.09.07
10:50:28 +0530                                               IN
                                        CRIMINAL REVISION APPLICATION NO.100 OF 2026

                           Siraj Mohd Fakir Mohd Qureshi Alias Siddha              ...Applicant/s
                           Versus
                           Anti Narcotic Cell, Ghatkopar Unit                      ...Respondent/s

                           ________________________________________________________________

                           Ms. Puja Yadav i/by Shreerat Kamath, Advocate for Applicant.
                           Ms. R.D. Humane, APP for Respondent-State.
                           _________________________________________________________________

                                                                CORAM     :   SHIVKUMAR DIGE, J.
                                                                DATE      :   28th AUGUST, 2026.
                           P.C. :

                           1.           Heard learned counsel for the Applicant and learned APP for

                           the State.

                           2.           The challenge in this application is to the framing of charge

                           against the Applicant vide Exhibit 11 and 13 dated 16/10/2025 passed by

                           the Learned Special NDPS Court, Greater Bombay in Special Case No. 1078

                           of 2024 for the offences punishable under Sections 8(c), 22 (c) & 29 of the

                           Narcotic Drugs and Psychotropic Substances Act, 1985.

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Tikam

        3.         It is prosecution's case      that on 31/12/2023, the police

        apprehended the co-accused and found 65 grams of Mephedrone (M.D.) in

        his conscious possession. It is alleged that Applicant supplied the said

        contraband to the co-accused.

        4.         It is contention of learned counsel for the Applicant that the

        Applicant has been charged with the present crime merely on the basis of

        statement of the co-accused. No documents or evidence is produced on

        record to show that the applicant was in contact with the co-accused. But

        this fact is not considered by the Learned Special Judge and charge has

        been framed against the Applicant, which is erroneous and requested to

        allow the Application.

        5.         It is contention of learned APP that the Applicant has

        antecedents of similar nature.     Applicant was in contact with the co-

        accused.    Adequate material is produced on record to show the

        involvement of the Applicant in the crime.        There is prima facie case

        against the Applicant. The Learned Judge has passed well reasoned order.

        No interference is required in it and requested to reject the application.

        6.         I have heard both learned counsel.            Perused documents

        produced on record.      The Applicant has been charged on the basis of

        statement of co-accused. Nothing is produced on record to show that the

        Applicant was in contact with the co-accused. When prosecution alleges



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                                                            10-REVN-100-2026 (CR).doc


Tikam

        that the applicant was involved in conspiracy with the co-accused, some

        documents or evidence needs to be produced along with the charge-sheet

        to show the involvement of the Applicant in the crime. But no evidence is

        produced to show the involvement of the applicant on record. It shows no

        case is made out against the Applicant. Continuing trial against the

        Applicant would amount to an abuse            of process of law and I pass

        following order:

                                             ORDER

        (i)        Application is allowed.

        (ii)       Charges framed against the Applicant vide Exhibit-11 and 13

        dated 16/10/2025 passed by the Learned Special NDPS Judge, Greater

        Bombay in Spl. Case No. 1078 of 2024 are set aside. Applicant is hereby

        discharged from the charges leveled against him.

        (iii)      Criminal Revision Application along with pending Interim

        Application are disposed of accordingly.



                                                      (SHIVKUMAR DIGE, J.)




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