[Cites 5, Cited by 0]
Bombay High Court
Ashok Shivpujan Sharma vs The State Of Maharashtra on 10 February, 2026
2026:BHC-AS:6905 15-BA-2952-2024.DOC
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2952 OF 2024
Ashok Shivpujan Sharma ...Applicant
Versus
The State Of Maharashtra ...Respondent
Mr. Advait Tamhankar i/b Kamlesh Satre, for the Applicant.
Ms. Poonam P. Bhosale, APP for the State-Respondent.
PSI - N. B. Chavan, ANC Azad Maidan Unit, is present.
CORAM DR. NEELA GOKHALE, J.
DATED: 10th FEBRUARY 2026
PC:-
1. The Applicant seeks his release on bail in connection
with C.R. No. 189 of 2022 dated 11 th December 2022
registered with the Anti Narcotics Cell, Azad Maidan Unit,
Mumbai for the offences punishable under Sections 8(c),
22(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 ('NDPS Act').
2. There are in all nine accused. The Applicant is Accused
No.6. He is impleaded in the present offence almost one year
after the principal accused was arrested.
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3. The facts of the case, in brief, as discerned from the FIR
are that on 10th December, 2022 at about 22:30 hours, while
on patrolling duty, the police came across Accused Nos.1 to 3
acting in a suspicious circumstances in front of Kamaluddin
Restaurant, Rambhau Bhogle, Naralwadi, Mazgaon, Mumbai.
They were found to have exchanging and transferring Khaki
corrugated boxes from Piaggio Appe make three wheeler
Transport Tempo. When the patrolling party intercepted all
three, they gave evasive answers and unsatisfactory replies.
The police were only told that the boxes which were being
transferred contained cough syrup bottles. The police finding
the entire action suspicious took a search of said boxes after
complying with the necessary provisions of the NDPS Act.
When the boxes were opened, 3840 bottles of cough syrup
containing Codeine Phosphate were found. Upon
interrogation of the Accused No.2, it was learnt that 42 boxes
were received by the courier and Accused No.3 had
transported the same in his vehicle and delivered 10 boxes to
Accused Nos.4 and 5 herein. From the statements of the co-
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accused police realized involvement of Vikas Acchelal Singh
i.e. Accused No.7 and informed him about the requirement of
drug licence and the GST number for manufacture of
medicines. Accused No.7 offered to provide the drug licence
and GST number. It is the present Applicant who was
approached for procuring drug licence and GST number.
Admittedly, the Applicant was conduit and a broker, only
introducing co-accused to several persons. No role is
attributed to the present Applicant, yet he was arrested on
29th November, 2023.
4. The Appellant made an application seeking bail before
the NDPS Special Judge & Addl. Sessions Judge, City Civil &
Sessions Court, Gr. Bombay, however, by order dated 23 rd
February 2024, the said application was rejected. Hence, the
Applicant has filed the present Bail Application for the reliefs
as prayed.
5. Mr. Advait Tamhankar, learned counsel for the
Applicant, submits that initially a police had made the present
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Applicant as a witness for the reasons mentioned in charge-
sheet, his status was thereafter converted to that of an
accused. According to him, there is no role played by the
Applicant in the alleged drug activity save and except that he
was approached to procure the GST number under the drug
licence. It is only on the statement of the co-accused, the
present Applicant was arrested. Nothing was recovered from
him and he has no criminal antecedents. Thus, Mr. Tamhankar
prays that the Applicant be enlarged on bail.
6. Ms. Poonam Bhosale, learned APP, submits that the
though the offence is serious, nothing has been recovered
from the present Applicant. She pointed out some cash
transactions between the Applicant and the co-accused.
However, the same pertain to the period between 2019 to
2022. She thus prays that the Bail Application be rejected.
7. I have heard learned counsel appearing for the
respective parties and perused the record with their
assistance.
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8. At the very outset, Mr. Tamhankar has tendered an order
dated 15th December 2025 passed by this Court, enlarging
Accused No.7, namely Vikas Acchelal Singh, on bail. The
Applicant stands on a better footing than the said Accused
No.7, inasmuch as it was the present Applicant who was
approached to provide the GST number as well as drug
licence. A perusal of the FIR and panchanama indicates that
no role was played by the present Applicant in the said
offence and only on the statement made by the co-accused, he
was arrested. Although, the Applicant was treated as a witness
and thereafter converted into an accused. Mr. Tamhankar has
also drawn my attention to the statement of A-7, where he has
clearly stated that the present Applicant, Accused No.6, had
informed the police regarding the illegal activities of the co-
accused.
9. In these circumstances, I am of the view that there are
no reasons to believe, at this stage, that the Applicant has
committed the said offence as alleged. The Applicant has no
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criminal antecedents. Accordingly, the rigors of Section 37 of
the NDPS Act stand satisfied.
10. In view of the aforesaid, I am inclined the enlarge the
Applicant on bail and it is 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 Police Station concerned,
on first Monday of every month between 10:00 a.m. and
12:00 p.m., till the charges are framed. He shall also attend
the Trial Court concerned on each and every date as directed,
till the conclusion of the trial, save and except if the Applicant
is exempted from appearance by orders of the Trial Court.
iii) If the Applicant has not deposited his passport, the
Applicant shall deposit the same with the concerned Police
Station, if any;
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iv) The Applicant shall not leave India, without permission
of the trial Court;
v) The Applicant shall not tamper or attempt to influence
or contact the complainant, witnesses or any person
concerned with the case;
vi) The Applicant shall inform his latest place of residence
and mobile 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 concerned Police Station;
vii) The Applicant to co-operate with the conduct of the
trial;
viii) Any infraction of the aforesaid conditions shall entail
cancellation of bail.
11. Application is allowed in the above terms and is
accordingly disposed of.
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12. It is made clear that the observations made herein are
prima facie and are confined to this Application and the Trial
Judge to decide the case on its own merits, uninfluenced by
the observations made herein.
(Dr. Neela Gokhale, J)
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