Mumbai, February 21, 2024 – In a case involving the alleged substitution of genuine Apple EarPods with counterfeit ones, Mohammad Salman Siddiqui, a 19-year-old delivery worker, has been granted bail by the City Civil and Sessions Court at Greater Bombay. The order, issued by Additional Sessions Judge Shri N.P. Tribhuwan in Court Room No. 23, comes after Siddiqui’s arrest in connection with Crime No. 394/2023, registered at Pydhonie Police Station.

Siddiqui, employed as a delivery boy for Flipkart, was accused of replacing seven original Apple EarPods, collectively valued at ₹1,70,800, with duplicates while returning undelivered parcels. The complainant, Ashraf Moinuddin Kazi, who manages a team of 30 delivery personnel, alleged that Siddiqui, who had been working for him for 15 days, committed the act between November 24 and November 28, 2023.

The case, filed under Sections 408 (criminal breach of trust by a servant) and 420 (cheating) of the Indian Penal Code, saw Siddiqui’s advocate, Ms. Sheela Gupta, argue for his release, emphasizing the lack of recovery of any stolen items during police custody and asserting his innocence. She contended that the arrest was based solely on suspicion and that further detention was unnecessary, citing the completion of a significant portion of the investigation.

However, Mrs. Ranjana Budhwant, the learned Additional Public Prosecutor (APP) representing the State, countered that Siddiqui had committed a criminal breach of trust by abusing his position as a delivery person and deceiving the complainant. The APP highlighted the accused’s alleged non-cooperation during police custody, which hindered the recovery of the replaced EarPods, and raised concerns about potential co-accused involvement. The prosecution also argued that granting bail could lead to the accused committing similar offenses.

Judge Tribhuwan, in his order, acknowledged the severity of the charges, which carry a potential imprisonment of up to seven years. However, he also noted that Siddiqui had been in custody since February 6, 2024, that most of the investigation appeared to be complete, and that the accused had no prior criminal record.

“Considering the nature of the offense, allegations, and the above facts, it is desirable to release the accused on bail,” Judge Tribhuwan stated in his order.

The court granted bail to Siddiqui under the following conditions:

• He must execute a personal bond of ₹25,000 with one or more sureties of the same amount.
• He is prohibited from tampering with any prosecution witnesses, directly or indirectly.
• He must cooperate with the ongoing investigation and be available for interrogation when required.
• He is forbidden from misusing his liberty.
• He must provide his detailed address and mobile number to the investigating officer and the concerned court, and promptly inform them of any changes.

The court also directed that the bail be executed before the learned trial court and that the trial court be informed of the order.

This case highlights the challenges faced in maintaining trust and accountability within the rapidly growing e-commerce delivery sector. The decision to grant bail reflects the court’s consideration of the accused’s rights while balancing the need to ensure justice and prevent potential repeat offenses. The ongoing investigation will now focus on uncovering any potential co-conspirators and further clarifying the circumstances surrounding the alleged replacement of the Apple EarPods.