Bombay High Court
SHAFI IBRAHIM MEMONversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
In the absence of any evidence establishing the applicant's involvement, the applicant must be discharged.
Summary
The prosecution alleged that the applicant, Shafi Ibrahim Memon, supplied 50 grams of mephedrone to a co-accused who was later found in possession of the drug. The co-accused (Accused No.1) had been acquitted by the Trial Court and no record was produced showing any transaction between the applicant and the co-accused. The Sessions Judge rejected the applicant's discharge application, prompting a revision petition before the Bombay High Court. The High Court examined the charge‑sheet and found no documentary or testimonial evidence linking the applicant to the contraband. Relying on the settled principle that an accused must be discharged where no evidence exists, the Court allowed the revision and ordered the applicant discharged. The order also disposed of the revision application.
Issues considered
- Whether the applicant can be discharged on the ground of lack of evidence linking him to the alleged offence
- Whether the Sessions Judge erred in rejecting the discharge application despite the acquittal of the co‑accused
Legislation cited
- Indian Penal Code, 1860 — s. 114, 328
Subjects
- discharge
- insufficient evidence
- criminal revision
- IPC sections 328, 114
- harassment
- trial continuation
- acquittal of co‑accused
Judgment
138-REVN-114-2026 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 114 OF 2026
Shafi Ibrahim Memon ….Applicant
versus
The State of Maharashtra ….Respondent
_________________________________________________________________
Mr. Swapnil R. Patil i/b. Patil Associates, Advocates for Applicant.
Mr. B. B. Kulkarni, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 23rd APRIL, 2026.
P.C. :
1. The challenge in this petition is to the order passed below
Exhibit- 4 in Sessions Case No.156 of 2024 dated 11 th February 2026 by
the Additional Sessions Judge, Mumbai, whereby the discharge application
of the applicant was rejected.
2. It is prosecution's case that the police arrested the
co-accused with 50 grams of Mephedrone (MD), and it is alleged that the
said MD was provided by the applicant to the co-accused.
3. It is contention of learned counsel for the applicant that
Digitally
accused No. 1, in whose possession MD was found, has been acquitted by
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
the Trial Court. The applicant has been shown as absconding. There was
2026.04.27
19:29:52
+0530
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138-REVN-114-2026 (CR).doc
Shubhada S Kadam
no recovery at the instance of the applicant. No record has been produced
to show that the applicant had any transactions with accused No. 1. These
facts are not considered by the Trial Court and has passed an erroneous
order. Hence, requested to allow the application.
4. It is contention of learned APP that 50 grams of MD was found
in the possession of accused No. 1. The said MD was provided to the
accused No.1 by the applicant. To prove the case against the applicant, a
trial is required. The learned Sessions Judge has passed a well-reasoned
order, and no interference is required. Hence, requested to allow the
application.
5. I have heard both counsel, perused charge-sheet and
documents produced on record. Accused No. 1, in whose possession MD
was found, has been acquitted by the Trial Court. No documents were
produced on record to show the involvement of the applicant in the crime
or that the applicant had provided the MD to the co-accused. It is settled
law that if there is no evidence against the accused, he can be discharged.
Continuation of trial would amount to harassment of the applicant but this
fact was not considered by the learned Trial Court and I pass following
order :
Page 2 of 3
138-REVN-114-2026 (CR).doc
Shubhada S Kadam
ORDER
(I) The application is allowed.
(ii) The applicant is discharged from the Sessions Case No.156 of
2024 for the offences punishable under Sections 328 and 114
of the Indian Penal Code, registered vide Crime No.12 of 2015.
The application stands disposed of in above terms.
(SHIVKUMAR DIGE, J.)
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