Mumbai, May 2, 2025 (Friday, 9:50 PM IST, Thane, Maharashtra): In a significant development in the ongoing investigation of a drug trafficking case, the Special Judge for N.D.P.S. Cases at Greater Mumbai, Shri R. R. Bhagwat (C.R.44), has granted bail to Abbas Ali Sajid Ali Sayyad, accused number 5 in C. R. No. 345/2023 registered at Mankhurd Police Station. The order, dated November 2, 2023, was made public following the hearing of Bail Application No. 836 of 2023.

Abbas Ali Sajid Ali Sayyad, a 36-year-old resident of Govandi, Mumbai, was arrested in connection with a case involving offences punishable under sections 8(c) read with sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The prosecution’s case stems from a patrolling operation on June 3, 2023, during which the police team of Mankhurd Police Station apprehended accused number 1, Sagar, in a suspicious condition.

According to the prosecution, a search of Sagar’s residence led to the seizure of a substantial quantity of cough syrup bottles containing Chlorpheniramine Maleate & Codeine Phosphate. Specifically, 1152 bottles of Phensirest brand were initially recovered. Following Sagar’s arrest and subsequent disclosure statement, authorities claim to have recovered an additional 3789 bottles of WELCYREX and 576 bottles of Phensirest, both containing Codeine Phosphate.

The investigation further unfolded with Sagar allegedly implicating accused numbers 2 and 3, leading to their arrest. The prosecution also stated that the mobile phone of accused number 1 contained conversations with accused number 2, including an audio recording.

During the inquiry with accused numbers 2 and 3, identified as Sandeep and Sidharth @ Filip respectively, it was revealed that one Azhar was purportedly the main orchestrator of the narcotic drug business. Sandeep allegedly stated that Azhar’s cousin, Nafis, supplied the drugs from Mumbra, Thane, to Azhar. With Azhar reportedly in jail, Sandeep claimed to be managing the operations. It was further alleged that accused number 4, Ayyaz, and the present applicant, accused number 5, Abbas Ali, were involved in transporting the narcotic drugs from Mumbra to Transit Camp, Bainganwadi, Deonar, Mumbai. Accused number 3, Sidharth, along with accused number 1, Sagar, and one Imran Nasir Khan, were allegedly involved in storing the drugs at various locations.

Following these revelations, Ayyaz @ Baja Mushtaq Shaikh was arrested on August 15, 2023, and Abbas Ali Sajid Ali Sayyad was apprehended on September 8, 2023.

In his bail application, Abbas Ali Sayyad, represented by Advocate Mr. Kiran Gogawale, argued that he was innocent and falsely implicated in the case. The application highlighted the absence of any incriminating material recovered directly from the applicant. It was contended that his arrest was solely based on the statement of co-accused, which the defense argued was inadmissible in law. The applicant also emphasized his permanent residency in Mumbai and pointed to the bail granted to other co-accused in the case. He expressed his willingness to comply with all bail conditions.

The prosecution, represented by learned APP Mr. Shankar Erande, vehemently opposed the bail application. The APP argued that the present applicant was a key figure involved in supplying the contraband codeine bottles. The prosecution claimed to possess WhatsApp chats and Call Detail Records (CDR) linking the applicant with the other accused. Mr. Erande asserted that the seized contraband was of commercial quantity and that all accused were in communication with each other, rendering the ground of parity inapplicable. He urged the court to reject the bail application.

In rebuttal, Advocate Gogawale reiterated that accused numbers 2, 3, and 4 had already been granted bail, and therefore, his client was entitled to bail on the principle of parity.

After considering the arguments from both sides and examining the material on record, Special Judge Shri R. R. Bhagwat delivered the order granting bail to Abbas Ali Sayyad. The court observed that the entire recovery of the contraband was made at the instance of accused number 1, and no contraband was recovered from the present applicant. While acknowledging the prosecution’s reliance on call recordings and CDR details, the court noted that the primary material against the applicant at this stage was the statement of the co-accused.

Crucially, the court cited the Supreme Court’s observations in the case of Tofan Singh V/s. State of Tamil Nadu (2021) 4 SCC 1, regarding the inadmissibility of statements made by co-accused. The Special Judge found these observations applicable to the present case, concluding that based on the available material, the applicant was entitled to bail. The court further reasoned that the stringent provisions of Section 37 of the NDPS Act did not impede the granting of bail in light of these considerations.

The court also acknowledged that accused numbers 2, 3, and 4 had been released on bail in earlier orders (B.A.No.568/2023, B.A.No.569/2023, and B.A.No.736/2023 respectively), further strengthening the applicant’s claim for bail on the ground of parity. The court also noted the applicant’s lack of criminal antecedents and his permanent residency in Mumbai, ensuring his availability for trial.

Consequently, the court passed the following order:

ORDER

1. Bail Application No. 836/2023 is hereby allowed.
2. Applicant/accused Abbas Ali Sajid Ali Sayyad in C.R. No.345/2023 of Mankhurd Police Station registered under section 8(c) r/w 22 & 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 shall be released on his executing P. R. Bond of Rs. 40,000/- (Rupees Forty Thousand only) with one or more sureties in the like amount.
3. The applicant/accused is directed to attend Mankhurd Police Station every Tuesday between 11:00 a.m. to 02:00 p.m. until the filing of the charge-sheet.
4. The applicant/accused and his sureties shall provide their respective mobile numbers and correct addresses of their respective residences along with the names and contact details of two relatives.
5. The applicant/accused shall produce proof of his identity and proof of residence at the time of executing the bail bond.
6. The applicant/accused is strictly prohibited from tampering with prosecution witnesses or evidence in any manner and is directed to co-operate in the early disposal of the trial.
7. The applicant/accused shall not commit any similar offence while on bail.
8. Upon the request of the learned Advocate for the applicant/accused, the applicant/accused shall be released on provisional cash bail of Rs. 40,000/- for the next four weeks from the date of this order.
9. Accordingly, BA 836/2023 is disposed off.

The order, dictated and transcribed on November 2, 2023, and signed on the same date, was officially uploaded on November 3, 2023, at 12:20 p.m.

This bail grant marks a significant stage in the legal proceedings, with the applicant now released on conditions while the investigation and potential trial continue. The emphasis placed by the court on the inadmissibility of co-accused statements at this juncture could have broader implications for the direction of the case.