[Cites 5, Cited by 0]
Bombay High Court
Sanaullah Habibullah Khan vs The State Of Maharashtra on 4 February, 2026
2026:BHC-AS:5826
Prasad Rajput
(P.A.) 9_BA_404_2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.404 OF 2026
Sanaullah Habibullah Khan ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. S.K. Ali i/by Asif Shaikh, for the Applicant.
Ms. Megha S. Bajoria, APP for the Respondent - State.
CORAM DR. NEELA GOKHALE, J.
DATED: 04TH FEBRUARY 2026
PC:-
1. By this Application, the Applicant seeks his
enlargement on bail in connection with C.R. No.399 of 2025
dated 28th May, 2025 registered with the Shivajinagar Police
Station, District: Mumbai, for the offences punishable under
Sections 8(c), 21(b) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'NDPS').
2. The case of the prosecution is that during the
intervening night of 27th May, 2025 and 28th May, 2025, the
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police officials, while were on patrolling duty near Lotus
Colony, received information from a secret source that there is
one person dealing in contraband near Kadri Dairy Gowandi,
Mumbai. Accordingly, the police officials located the said
person and after following the due procedure prescribed
under the NDPS Act, they apprehended and conducted search
of his person. 5.17 grams of Mephedrone was recovered from
his person. On interrogation, he revealed the name of Accused
No.2, from whom he purchased the said contraband.
Accordingly, police arrested the present Applicant on 10th
June, 2025. However, no contraband was recovered from the
present Applicant.
3. The Applicant made an application seeking bail
before the NDPS Special Judge, City Civil & Sessions Court,
Greater Bombay, however, by order dated 1st December, 2025,
the said application was rejected. Hence, the Applicant has
filed the present Bail Application for the reliefs as prayed.
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4. Mr. Ali, learned counsel for the Applicant, submits
that no contraband was recovered from the present Applicant
nor from his premises. Only on the basis of a statement made
by Accused No.2, the Applicant was arrested. The Applicant is
a sole bread winner of his family. Hence, Mr. Ali, prays that
the Applicant be enlarged on bail.
5. Ms. Bajoria, learned APP, states that the Applicant
is a habitual offender and he has two criminal antecedents;
one under the provisions of the Indian Penal Code and one
under the provisions of NDPS Act. She submits that while the
Applicant was on bail in earlier offence, he has been arrested
in the present offence. She thus prays that the application be
rejected.
6. I have heard learned counsel for the parties and
perused the record of the case with their assistance.
7. Considering that no contraband was recovered
from the present Applicant and that 10 grams of Mephedrone
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was recovered from the present Applicant in the previous case
registered under the NDPS Act, which is an intermediate
quantity, I am inclined to enlarge the Applicant on bail. It is
accordingly ordered as under:-
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., till the charges are framed;
iv) If the Applicant has not deposited his
passport, if any, the Applicant shall deposit the same
with the Police Station concerned;
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Prasad Rajput
(P.A.) 9_BA_404_2026.doc
v) The Applicant shall not leave India, without
the permission of the Trial Court;
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.
8. Application is allowed in the above terms and is
accordingly disposed of.
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4 February 2026
Prasad Rajput
(P.A.) 9_BA_404_2026.doc
9. 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)
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