Bombay High Court
Aqeel Ahamd @ Akeel Ahamd S/O Shakeel ... vs Union Of India And Anr on 5 February, 2026
2026:BHC-AS:6359
Prasad Rajput
(P.A.) 21_BA_1883_2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1883 OF 2025
Aqeel Ahamd @ Akeel Ahamd S/o Shakeel ...Applicant
Ahmd
Versus
Union of India and Anr. ...Respondents
Mr. Sherali S. Khan a/w Tabish Shaikh and Veeraj Naik, for
the Applicant.
Ms. Neha M. Patil, APP for the Respondent - NCB.
Mr. Mayur S. Sonavane, APP for the Respondent - State.
CORAM DR. NEELA GOKHALE, J.
DATED: 05TH FEBRUARY 2026
PC:-
1. By this Application, the Applicant seeks his
enlargement on bail in connection with C.R. No. 22 of 2023
dated 6th September, 2023 registered with the Narcotics
Control Bureau ('NCB'), for the offences punishable under
Sections 8(c), 22(c), 23(c), 27A, 28 and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short
'NDPS').
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2. In all, there are three accused. The Applicant is
Accused No.2.
3. The case of the prosecution, in brief, is that
specific intelligence was received by the NCB, Mumbai, that
two suspicious courier parcels containing Alprazolam tablets 1
Mgs Rlam -1 were lying at Integrated Courier and Logistics
Unit No.5, Arvind Chambers, Sai Services Buiding, Near
Darpan Cinema Bus Stop, Western Express Highway, Andheri
(E), Mumbai. After complying with the mandatory provisions
of the NDPS Act, a search was conducted and the contraband
was detected in Brooke Bond Taj Mahal Tea packets. The
police officials were permitted by the competent authority for
a controlled delivery for the intercepted consignment and
accordingly, dummy parcels were prepared and dispatched.
Investigation revealed that the parcels were booked using fake
credentials, SIM cards activated under fake identities at
Lucknow. The phone number on one of the consignments was
found to be that of Samar Sonkar. From the statement made
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by Samar Sonkar, the involvement of the present Applicant
and one Sonu Prajapati was revealed. Accordingly, the
Applicant was arrested on 9th November, 2023 pursuant to
registration of the FIR.
4. The Applicant made an application seeking bail
before that Special Judge NDPS, City Civil and Sessions Court,
Greater Bombay, however, by order dated 25 th March, 2025,
the said application was rejected. Hence, the Applicant has
made the present Bail Application for the relief as prayed.
5. Mr. Khan, learned counsel for the Applicant,
submits that the Applicant is neither the consignor nor the
consignee of the said parcels. The case of the prosecution is
based only on the confessional statement made by the co-
accused. The prosecution failed to establish that the Applicant
was in conscious possession of the contraband. There is
nothing on record to establish nexus of the transaction with
the seized contraband. On these grounds, he prays that the
Applicant be enlarged on bail.
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6. Ms. Neha Patil, learned SPP representing the State,
has tendered on record the Affidavit-in-Reply of one Satish
Singh, presently working as Sub-inspector, Narcotics Control
Bureau, Mumbai Zonal Unit, Mumbai affirmed on 8th
December, 2025, before the Notary Public. The same is taken
on record. Ms. Patil submits that the co-accused Samar Sonkar
has specifically given statement implicating the present
Applicant in the alleged offence. The present Applicant
admitted to having supplied the contraband to Samar Sonkar
and destroying his mobile phone after Samar's arrest. She has
also taken me through the bank statement of Samar Sonkar.
The said bank statement indicates a money trail reflecting
transactions from Samar Sonkar to the present Applicant. She
submits that in view of the aforesaid, the Applicant is involved
in the alleged offence and prays that Bail Application be
rejected.
7. I have heard learned counsel for the respective
parties and perused the record of the case with their
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assistance. I have gone through the Affidavit-in-Reply placed
on record. I have also gone through the bank account
statement of Samar Sonkar.
8. Undoubtedly, there is a cash trail and transaction
between Samar Sonkar and the present Applicant and huge
amounts have been transferred from Samar's account to the
account of the present Applicant. However, said transactions
are of the year 2022 and the alleged contraband parcels are
received in the year 2023. The other evidence available on
record are the statements of the co-accused and the
incriminating statement of the Applicant himself, which
cannot be considered at this stage. Only on the basis of the
bank transactions of the year 2022, I am unable to record a
finding that prima facie the Applicant has committed the
alleged offence. Admittedly, there are no antecedents against
the present Applicant. The Applicant is in custody since 9 th
November, 2023 and has suffered incarceration for past three
years and three months without the charges being framed. In
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these circumstances, 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.1,00,000/ 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;
v) The Applicant shall not leave India, without the permission of the Trial Court;
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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.
9. Application is allowed in the above terms and is accordingly disposed of.
10. It is made clear that the observations made herein are prima facie and are confined to this Application and the Page 7 of 8 th 5 February 2026 ::: Uploaded on - 06/02/2026 ::: Downloaded on - 06/02/2026 22:31:38 ::: Prasad Rajput (P.A.) 21_BA_1883_2025.doc learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein.
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