Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration
Date: 05.11.2026
Gujarat High Court Grants Regular Bail in NDPS Case After Charge-Sheet Filing
This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .
The Gujarat High Court has granted regular bail to Meman Mahmadfejan Usmangani in an NDPS case, stressing that prolonged custody after completion of investigation should not become a form of pre-trial punishment.
Case at a glance
On 4 November 2026, Justice Hasmukh D. Suthar of the Gujarat High Court at Ahmedabad allowed a successive regular-bail application filed after submission of the charge-sheet. The case arises from FIR No. 11217014260400 of 2026 at Kakoshi Police Station, Patan, alleging offences under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act.
The applicant had been in custody since 11 July 2026. The Court ordered his release on a personal bond of Rs. 25,000 with one surety for the same amount, subject to specified conditions.
Allegations in the case
According to the order, the prosecution alleged that a co-accused possessed and sold narcotic cough syrup and pregabalin capsules without a drug licence, supporting documents, or a doctorβs prescription. The seized material included:
- 94 bottles of Corex cough syrup, each containing 100 ml of codeine phosphate, valued at Rs. 16,743.28;
- 15 strips of pregabalin capsules, each strip containing 10 capsules, valued at Rs. 4,176.
The allegation against the applicant was that he had supplied the contraband to the co-accused. The co-accused, from whose conscious possession the material was allegedly recovered, had already been released on bail.
Why the Court granted bail
The Court considered several circumstances in favour of the applicant:
- Investigation was complete: The police had filed the charge-sheet, reducing the need for custodial interrogation.
- No further recovery was required: The Court noted that there was nothing left to recover or discover from the applicant.
- No criminal antecedents: The applicant had no prior criminal record noted in the order.
- Parity with the co-accused: The co-accused from whom the alleged contraband was recovered had been granted bail.
- Trial may take time: The Court observed that commencement and completion of the trial would take time.
- No demonstrated need for continued detention: The prosecution had not shown circumstances justifying further incarceration.
The Court referred to established bail principles, including the Supreme Court decisions in Sanjay Chandra v. Central Bureau of Investigation and Gudikanti Narasimhulu v. Public Prosecutor, High Court of Andhra Pradesh. It reiterated that βbail is a rule and jail is exception,β linking the principle to the constitutional protection of personal liberty under Article 21.
Bail conditions
The applicant must comply with conditions designed to ensure his availability for trial and prevent interference with the case. These include:
- Not misusing the liberty granted by the Court.
- Not acting against the prosecutionβs interests or tampering with evidence.
- Surrendering any passport to the trial court within one week.
- Not leaving Gujarat without prior permission from the trial court.
- Reporting to the relevant police station once each month for six months, between 11:00 a.m. and 2:00 p.m.
- Providing Aadhaar details, email address and current residential address to the investigating officer and the court, and not changing residence or contact number without prior permission.
- Not engaging in any illegal activity.
The order also states that breach of these conditions may lead to a warrant or cancellation of bail. Release remains subject to the applicant not being required in any other offence.
Significance of the order
The ruling illustrates the Courtβs approach to regular bail after a charge-sheet has been filed. While the allegations involve narcotic substances, the Court balanced the seriousness of the case against factors such as completed investigation, absence of prior antecedents, lack of need for further recovery, bail granted to the co-accused, and the likely duration of trial.
Importantly, the Court clarified that its preliminary observations for deciding bail must not influence the trial courtβs assessment of evidence during the criminal trial. The grant of bail is therefore not a finding on guilt or innocence; it is a conditional release while the case proceeds.
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Source: Gujarat High Court
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