Abdul Karm Abdul Hakim Shaha/ @ Abdul Karim Abdul Hakim Shah v. The State Of Maharashtra
Shivgan 15_BA_1249-_2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1249 OF 2025 Abdul Karm Abdul Hakim Shaha@ Abdul Karim Abdul Hakim Shah ...Applicant
Versus
State of Maharashtra
...Respondent
Ms. Puja Yadav, i/b Shreerat Kamath, for the Applicant. Mr. Yogesh Y. Dabke, APP for the Respondent-State. Mr. Mahesh Anjanwad, PSI attached to Shivajinagar Police Station, Mumbai, present.
CORAM
DR. NEELA GOKHALE, J.
DATED:
04TH DECEMBER 2025 PC:- 1.
By this Application, the Applicant seeks his enlargement on bail in connection with FIR No. 944 of 2023 dated 28th October 2023 registered with the Shivaji Nagar Police Station, Brihanmumbai City for the offences punishable under Sections 8(c), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). There are in all 3 accused; the Applicant is Accused No.1.
2.
The case of the prosecution is that:-
Shivgan 15_BA_1249-_2025.doc 2.1 On 27th October 2023, while the officials of Shivaji Nagar Police Station, Mumbai, were on patrolling duty, they found one person, i.e., the Applicant near a motor-cycle, lurking in suspicious circumstances. They also saw that there was a bag on the motor-cycle. They stopped the Applicant and made inquiries with him. However, he gave evasive answers. Therefore, after following due process prescribed under the NDPS Act, the Applicant was searched and 200 bottles of Codeine Phosphate cough syrup were recovered from him. The Applicant was arrested pursuant to the FIR registered against him.
3.
The Applicant made an application seeking bail before the N.D.P.S. Special Judge, City Civil & Sessions Court, Greater Bombay, however, by order dated 10th January 2025, the same came to be rejected. Hence, the Applicant is before this Court for the reliefs as prayed.
4.
Ms. Puja Yadav, learned counsel appearing for the Applicant, has raised several objections; one of them pertains
Shivgan 15_BA_1249-_2025.doc to the Inventory Panchanama. Inventory of the substance was taken on 12th March 2024. The statement of the carrier clearly reveals that the sample of contraband was handed over to her on 12th March 2024 to carry the same to the Forensic Science Laboratory ('FSL'), however, the FSL has received the said sample only on 28th March 2024, i.e., after about 16 days. She submits that possibility of tampering cannot be ruled out and hence, she submits that there is reasonable ground to believe that the Applicant has not committed the said offence. She further submits that there are no antecedents against the Applicant and the Applicant is not likely to commit the said offence, if granted bail. Hence, she prays that bail be granted to the Applicant.
5.
Mr. Yogesh Dabke learned APP representing the State in the matter, As far as C.A. Report is concerned, although he has no answer in respect of the dates on which the inventory panchanama was drawn and the contraband was ultimately delivered to the FSL for testing, he submits that the C.A.
Shivgan 15_BA_1249-_2025.doc Report is received and it does not indicate any tampering. He thus, prays that the Bail Application be rejected. 6.
Heard learned counsel appearing for the respective parties and perused the record with their assistance. 7.
The dates on which the inventory is completed and the time gap when ultimately, the carrier delivered the contraband to the FSL is significant. There is no explanation forthcoming on the part of prosecution to explain the said delay and as to where the contraband was stored for 16 days. There are reasonable grounds to believe that the Applicant may not have committed the said offence. Considering that there are no antecedents against the Applicant, it is unlikely that he will repeat the said offence.
8.
In these circumstances, I am inclined to enlarge the Applicant on bail. It is accordingly ordered as under:
Shivgan 15_BA_1249-_2025.doc
ORDER
i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount; ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;
iii) The Applicant shall also attend the Police Station concerned once in a month between 11:00 a.m. to 02:00 p.m.;
iv) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Police Station concerned;
v) The Applicant shall not leave India, without the permission of the Trial Court;
Shivgan 15_BA_1249-_2025.doc vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
vii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Police Station concerned;
viii) The Applicant to co-operate with the conduct of the trial;
ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.
9.
Application is allowed in the above terms and is accordingly disposed of.
Shivgan 15_BA_1249-_2025.doc 10.
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. (DR. NEELA GOKHALE, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:
2025.12.08 15:51:28 +0530 SHAMBHAVI NILESH SHIVGAN