Gujarat High Court
Mohamad Adil Mohammad Tahir Shaikh vs State Of Gujarat on 17 September, 2025
NEUTRAL CITATION
R/CR.MA/16153/2025 ORDER DATED: 17/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 16153 of 2025
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MOHAMAD ADIL MOHAMMAD TAHIR SHAIKH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BOMI H SETHNA(5864) for the Applicant(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 2
MR MEET THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 17/09/2025
ORAL ORDER
1. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on regular bail in connection with FIR being CR. No.III-04 of 2024 registered with ATS Police Station, Ahmedabad city for the offences punishable under Sections 8(c), 21(c) and 29 of the Narcotics Drugs and Psychotropics Substances Act, 1985.
2. Heard learned Advocate Mr. B. H. Sethna appearing for the applicant. He submitted that the applicant has been arrested in connection with the present offence in the month of August 2024. The investigation of the offence is over and charge-sheet is filed. As per the case of prosecution, the Police authorities had recovered the contraband substance of Mephedrone worth 31 kgs from the factory premises of the co-accused and the said co- accused had given 2 kgs of Mephedrone to the present applicant and the other co-accused for sell. On the basis of this Page 1 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Mon Sep 22 2025 Downloaded on : Mon Sep 22 22:05:35 IST 2025 NEUTRAL CITATION R/CR.MA/16153/2025 ORDER DATED: 17/09/2025 undefined information, the Investigating authority had raided Flat No.308, Ismail Mansion, Bhiwandi, Maharashtra and 10 kgs of solid Mephedrone and 781 kgs of liquid Mephedrone was recovered from the said flat. As per the case of prosecution, the flat was under the occupation of the present applicant and the other co- accused who happens to be the brother of the applicant. However, there is no material available on record to indicate that the flat in question was occupied by the present applicant. He further submitted that the samples were not appropriately drawn out of the substance which was recovered from Bhiwandi, Maharashtra. The investigating agency instead of producing the substance before the nearest Magistrate for drawing samples, had drawn the samples by itself and had produced those samples before the Magistrate at Surat. No spot examination of the contraband substance was carried by the Investigating agency. Thus, the procedure of seizure is not foolproof. There is no material connecting the present applicant with the offence in question except the statement of the co-accused. He further submitted that there is contradiction in the case of prosecution as regards recovery of the contraband substance from the place given at Maharashtra. In one place, it comes that during the remand of the co-accused, the information received by the Investigating agency as regards the applicant having obtained the contraband substance from the co-accused and on the basis of the said information, the raid was carried out at the premises at given been whereas at the other place, it is mentioned that the Dy.S.P. of ATS had received a secret information about the contraband substance being concealed at Bhiwandi. He, therefore, submitted to allow the present application and enlarge Page 2 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Mon Sep 22 2025 Downloaded on : Mon Sep 22 22:05:35 IST 2025 NEUTRAL CITATION R/CR.MA/16153/2025 ORDER DATED: 17/09/2025 undefined the applicant on bail subject to suitable conditions.
3. The application is opposed by learned APP contending that the contraband substance of Mephedrone in a huge quantity was found from the premises which was under the occupation of the present applicant. He, therefore, submitted to dismiss the application.
4. Heard learned Advocates for the parties. From the record, it appears that the Police authorities had received a secret information about an activity of manufacture of Mephedrone being carried out at the Darshan Industrial Estate situated at village Kareli, Taluka - Palsana, Surat. On the basis of the said information, raid was carried out by the Police authorities and solid Mephedrone worth 4 kgs and liquid Mephedrone worth 31.209 kgs was seized from the said industrial estate. The investigation further revealed that the activity of manufacture of contraband substance Mephedorne was going on in the said premises since quite some time and 35.450 kgs of Mephedrone was manufactured in the said premises earlier also, out of which 24.450 kgs was supplied to the other co-accused and 2 kgs of Mephedrone was supplied to the present applicant and the other co-accused who happens to be his brother. On the basis of the said information, the Police authorities had raided the premises being Flat No.308, Ismail Mansion, Bhiwandi, Maharashtra and from the said flat, 10.969 kgs of solid Mephedrone and 781.463 kgs of liquid Mephedrone was recovered. It is the case of prosecution that the said flat was under occupation of the present applicant and his brother who is also a co-accused. The Page 3 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Mon Sep 22 2025 Downloaded on : Mon Sep 22 22:05:35 IST 2025 NEUTRAL CITATION R/CR.MA/16153/2025 ORDER DATED: 17/09/2025 undefined material available on record indicates that the said premises had been taken on rent by the present applicant and his brother. The quantity found from the said premises is a huge quantity, and therefore, the rigors of Section 37 of the NDPS Act would apply.
5. So far as the aspect of procedure required to be followed while drawing the samples is concerned, whether the procedure prescribed under the law has been followed or not would be the matter of evidence which would require appreciation of evidence at the stage of trial.
6. Having regard to these aspects, the present application is dismissed.
(M. R. MENGDEY,J) AHS Page 4 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Mon Sep 22 2025 Downloaded on : Mon Sep 22 22:05:35 IST 2025