Bombay High Court Grants Bail To Bangladeshi National Accused Of Illegal Entry Into India, Possession Of Commercial Quantity Of Drugs

The Bombay High Court recently granted bail to a Bangladeshi national accused of obtaining entry to India without a passport and visa, forging an AADHAAR card and PAN card, and possessing a commercial quantity of contraband drugs.

Justice RN Laddha observed –

“In the present case, there is no disagreement regarding the applicant's detention since 13 May 2022. It is undisputed that the applicant is not a citizen of India. It is acknowledged that the applicant was not in possession of the contraband material. There is no material linking the applicant to accused No.1, who allegedly had a commercial quantity of contraband material. The alleged forged Pan Card and Aadhar Card were already seized. Furthermore, the applicant's arrest occurred approximately three months after accused No.1's arrest. Given these circumstances and the pending trial, there appears to be no valid reason to continue detaining the applicant.”

The applicant Murad Oliar Shaikh is charged with offences under Sections 420 (cheating), 465 (forgery), 467 (forgery of valuable security), 468 (forgery for the purpose of cheating), and 471 (using as genuine a forged document) of the IPC. Additionally, he is facing charges under Sections 8(c) and 22(c) of the NDPS Act, Sections 3(a) and 6(a) of the Passport Act, and Section 14(a) of the Foreigners Act.

Advocate Amit Icham for Shaikh contended that he had been in custody for nearly a year without any substantial evidence linking him to the crime. He argued that Shaikh was not found in possession of any contraband material; the material was instead found with a co-accused.

Icham emphasized that there was no material evidence in the charge sheet that connected Shaikh to the offences. He also highlighted that Shaikh, a Bangladeshi citizen, had no contact with the prime accused, and the alleged forged documents (Aadhar and Pan Card) had already been seized during the investigation. Despite these factors, Shaikh's bail application had been denied by the trial court primarily on the grounds of potential flight risk, he said.

Additional Public Prosecutor Shilpa Talhar opposed the bail application, arguing that Shaikh was involved in a conspiracy with the co-accused. Although he was not found in possession of the contraband, he was allegedly complicit. She pointed out that the co-accused was caught with 54.180 grams of a substance categorized as a commercial quantity under the NDPS Act. Additionally, Shaikh entered the country illegally without a valid passport and visa, she said.

The court observed that the absence of any substantial link between Shaikh and the contraband, combined with the pre-trial detention since May 2022, did not justify continued custody.

The court granted bail to Shaikh on a personal bond of Rs. 1 lakh with two solvent sureties of the same amount to the satisfaction of the trial court.

The court made Shaikh's release contingent upon producing a valid passport and visa, which he must apply for from jail. The state authorities are required to assist him in this process.

Upon obtaining valid documents, Shaikh must register with the Foreigners Regional Registration Office (FRRO) within two weeks.

Further, Shaikh must produce a certificate of assurance from the Bangladeshi Embassy or High Commission that he will not leave India and will appear before the court as required.

The court also directed the state to issue lookout circulars to prevent Shaikh from fleeing the country.

Case no. – Criminal Bail Application No. 1709 of 2023

Case title – Mohd. Murad Oliar Shaikh v. State of Maharashtra

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