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Bombay High Court
Sana Zahir Qureshi vs Union Of India And Anr on 2 February, 2026
2026:BHC-AS:5315
Shivgan 13-BA-38-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 38 OF 2024
1. Sana Zahir Qureshi
2. Zahir Ahmed Qureshi ...Applicants
Versus
Union of India and Anr. ...Respondents
Mr. Adil Khatri, for the Applicants.
Ms. Pai Aruna Shantaram, for the Respondent No.1.
Ms. Gauri S. Rao, APP for the Respondent No.2-State.
CORAM DR. NEELA GOKHALE, J.
DATED: 2nd FEBRUARY 2026
PC:-
1. By this Application, the Applicants seek their
enlargement on bail in connection with Special (NDPS) Case
No. 602 of 2023 in NCB/MZU/C.R.NO.II-48/2022 dated 9 th
December 2022 registered with the Narcotics Control Bureau
(NCB), Mumbai, for the offences punishable under Sections
8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'NDPS Act').
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2. The case of the prosecution, in brief, is that, on the basis
of secret information received by team of NCB in presence of
2 independent witnesses, seized 920 bottles of
Chlorphenaramine Maleate and Codeine Phosphate
Phensirest Cough Syrup each containing 100 ml vide
panchanama dated 9th December 2022 from Room No.303,
SimranPreet CHS, Plot No.25-A, Sector 14, Koparkhairne,
Navi Mumbai. According to the prosecution, the said premises
are connected with the Applicant Nos. 1 and 2. The Applicants
are married to each other. There are other Accused in the said
offence. On the basis of revelations made by the present
Applicants, other Accused were also arrested and the present
complaint came to be filed.
3. The Applicants sought bail from the Special Judge
(NDPS Act), Thane. However, by order dated 20th December
2023, their bail application was rejected. Hence, the
Applicants are before this Court for the reliefs as prayed.
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4. At the very outset, Mr. Adil Khatri, learned counsel
appearing for the Applicants, drew my attention to the order
dated 10th March 2025 passed by the Co-ordinate Bench of
this Court in Criminal Application No. 1656 of 2024.
According to Mr. Khatri, the Applicants have filed an
application under Section 482 of the Code of Criminal
Procedure, 1973 ('Cr.P.C.') seeking setting aside of the order
on the ground that procedure followed in the framing of
charges and proceeding with the recording of evidence was
completely illegal. He submits that without framing charges
and without there being any compliance of Section 294 of the
Cr.P.C., the trial commenced and recording of evidence of the
prosecution commenced. He submits that the roznama
indicates that on the date on which charges are framed, the
Presiding Officer of the Court himself was on leave. He
submits that recording of the roznama and the procedure
undertaken in the Trial Court is illegal. Hence, the Applicants
filed Criminal Application No.1656 of 2024 seeking setting
aside of the order, framing the charges. He has drawn my
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attention to the order passed by the Co-ordinate Bench of this
Court whereby the Co-ordinate Bench of this Court has
directed the Trial Court to defer the hearing of the trial till the
next date. Furthermore, interim relief granted by order dated
10th March 2025 is continued till date.
5. Mr. Khatri, submits that from the procedure followed in
the Trial Court, it is clear that the Applicants are falsely
implicated in the present case and hence, story of the
prosecution is unbelievable. He submits that the Applicant is
in jail since 10th December 2022 and till the order passed by
the Co-ordinate Bench dated 10th March 2025, the Applicants
have suffered incarceration for about 3 years and 1 month. In
these circumstances, he prays that Bail Application be
allowed.
6. Per contra, Ms. Aruna Pai, learned Special Public
Prosecutor representing the Union of India in the matter,
contests the Bail Application. She points to two affidavits
filed on behalf of the NCB. She submits that all the provisions
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of the NDPS Act are complied with. The quantity of
contraband recovered from the present Applicants is beyond
commercial quantity. Thus, she resists the Bail Application.
7. Heard learned counsel appearing for the respective
parties and perused the record with their assistance.
8. A clear reading of the order dated 10 th March 2025
passed by the Co-ordinate Bench of this Court in Criminal
Application No.1656 of 2024 indicates that this Court on
being satisfied with the arguments advanced by the learned
counsel for the Applicants, was pleased to defer the hearing of
the trial till the next date. This interim order is continued till
date. It appears that there are some discrepancies and
unexplained procedure, which have been followed before the
Trial Court. In this context, this Court was pleased to direct
the Trial Court to defer the trial. Thus, there is reason to
believe that the Applicants prima facie have not committed
the said offence. Further, the Applicants are in jail since 10 th
December 2022 till date.
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9. In these circumstances, I am inclined to enlarge
the Applicant on bail. It is accordingly ordered as under:-
ORDER
i) The Applicants be enlarged on bail, on
executing PR Bond in the sum of Rs.50,000/- each
with one or two local sureties in the like amount;
ii) The Applicant No.1 is permitted to furnish
provisional cash bail of Rs.50,000/- for her release
immediately and file undertaking that she will
provide one or two local sureties in the like amount
of Rs.50,000/- within a period of four weeks after her
release, which shall be accepted by the Trial Court.
The Applicant shall provide the sureties as directed;
iii) The Applicants shall attend the Trial Court
concerned on each and every date unless exempted
by the orders of the Trial Court concerned;
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iv) The Applicants shall also attend the Narcotics
Control Bureau (NCB), Mumbai once in a month on
first Monday between 11:00 a.m. to 02:00 p.m. till
the charges are framed;
v) If the Applicants have not deposited their
passports, if any, the Applicants shall deposit the
same with the Narcotics Control Bureau (NCB),
Mumbai;
vi) The Applicants shall not leave India, without
the permission of the Trial Court;
vii) The Applicants shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
viii) The Applicants shall inform their latest place
of residence and contact number immediately after
being released and / or change of residence or
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mobile details, if any, from time to time to the Court
seized of the matter and to the Investigating Officer
of the Narcotics Control Bureau (NCB), Mumbai;
ix) The Applicants to co-operate with the conduct
of the trial;
x) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
10. Application is allowed in the above terms and is
accordingly disposed of.
11. 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
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2026.02.03
10:33:59
+0530
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