Bombay High Court
Sayyad Rizwan Amir vs The State Of Maharashtra on 21 August, 2025
2025:BHC-AUG:22749
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
967 ANTICIPATORY BAIL APPLICATION NO. 1321 OF 2025
Sayyad Rizwan Amir ..Applicant
Versus
The State of Maharashtra ..Respondent
...
Advocate for Applicant : Mr. Chetan Barku Chaudhari
APP for Respondent : Mr.S.B.Narwade
.....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 19 AUGUST, 2025
PRONOUNCED ON : 21 AUGUST, 2025
ORDER :
1. Apprehending arrest in Crime no.0018 of 2025 registered at
Chalisgaon Road Police Station, District Dhule, for the offence
punishable under Section 238 of the Bharatiya Nyaya Sanhita and
under Sections 8 and 22(C) of the Narcotic Drugs and Psychotropic
Substances Act (NDPS Act), present application has pressed into
service.
2. Learned Counsel for the applicant submitted that above crime
is registered on alleged receipt of secret information and raid
conducted by Police. It is pointed out that allegations are that
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accused Akbar Ali Kaisar was in possession of 480 bottles of cough
syrup which are said to be banned. That, arrested person named
present applicant and as such statement of arrested accused has no
evidentiary value. That, applicant has no concern with said episode.
That, there is nothing to show that applicant sells or distributes
cough syrup, which is banned. That, only on the statement of
arrested person, applicant is tried to be involved. That, applicant is
ready to co-operate with investigating machinery. That, whatever
was to be recovered is already seized, therefore, there is no need of
custody of the applicant. Learned counsel for the applicant seeks
reliance on the judgment of the Hon'ble Apex Court in the case of
P. Krishna Mohan Reddy v. State of Andhra Pradesh, 2025 DGLS (SC)
766.
3. Learned APP has strongly opposed application by pointing out
that acting on secret information that there is illegal sale of banned
cough syrup i.e. without authorization, licence or permission, Police
conducted raid at the given address and one person, who gave his
name as Akbar Ali Kaisar Ali Shah, was found to be in possession of a
sack full of bottles worth Rs.88,520/-. That, he had no papers,
permission or licence and thus, was apprehended. That, after arrest
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and further enquiry, learned APP submitted that, said accused Akbar
Ali Kaisar Ali Shah named present applicant to be the main supplier
and he is based in Surat. That, the contraband falls under the NDPS
Act and therefore, for proper investigation, bail application is sought
to be rejected. Learned APP seeks reliance on the judgment of
Hon'ble Apex Court in the case of Muraleedharan v. State of Kerala,
(2001) 4 SCC 638.
4. Heard. Perused the papers and FIR dated 29-01-2025. Its
substance is that, Police of Chalisgaon Road Police Station received
secret information about illegal possession and sale of psychotropic
medicine namely Codeine Phosphate and Triprolidine Hydrochloride
Cough Linctus. After obtaining permission from superiors, raiding
team was constituted and accordingly, raid was conducted at a
premises and raiding party came across said Akbar Ali to be in
possession of a sack full of bottles worth Rs.88,520/- and accordingly
same was seized for analysis. Therefore, he was arrested and during
enquiry with him, he seems to have named present applicant.
5. Learned APP pointed out that applicant is resident of Surat,
Gujarat and he is the main supplier and therefore, for proper and
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thorough investigation, his custody is necessary.
6. Perused the citation, which is relied of which there is no
dispute that confessional statement by accused has no evidentiary
value, but that is part that dealt in trial. Admittedly, banned
medicine falling under the NDPS Act, full of sack, is recovered
from arrested person and he has named present applicant to be the
main supplier. Therefore, with such allegations, this Court is not
inclined to grant relief as prayed. Accordingly, following order is
passed :
ORDER
Application is rejected.
( ABHAY S. WAGHWASE )
JUDGE
SPT
