1 BA-1522.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1522 OF 2011 {For Bail} 1. Irfan Shaikh s/o Sultan Shaikh 2. Mohamed Shakil s/o Mohamed Rafik Ansari .... Applicants Vs. State of Maharashtra .... Respondent Shri Ayaz Khan for the Applicants. Ms A.A. Mane, APP, for the State. Shri N.D. Sable, API, Yeola Police Station, Nashik, present. CORAM: R.C. CHAVAN, J. DATED: OCTOBER 19, 2011 P.C: 1. This is an application for bail by two of the three accused persons who have been arrested and charge-sheeted for the offences punishable under Sections 22 and 29 of the NDPS Act. Some narcotic substance, which is presumed to be charas and weighing about two kilograms, seems to have been seized from accused No.3 Ansari Sajid A. Abdul Gani. The two applicants were found to be in the company of this fellow. Though charge-sheet has been filed, the report 2 BA-1522.11 from the Forensic Science Laboratory about the identity of the substance seized has not been filed. The learned counsel for the applicant relying on a Judgment of this Court in Sunil Vasantrao Phulbande and another v. State of Maharashtra, reported in 2005 Drugs Cases (Narcotics) Page 32, submits that such a charge-sheet has to be held to be incomplete. 2. The learned APP states that she had sought the requisite information from the I.O. by sending a fax message and a letter. In response, the I.O. has sent API N.D. Sable who has nothing to add to whatever is already on the record. 3. Considering the evidence collected against the applicants, though the learned APP submits that this is a case of conspiracy, it cannot be said that the applicants could be denied bail, since it cannot prima facie be shown that the applicants' presence in custody is necessary for further trial. 4. In view of the above, the applicants be released on bail in NDPS Case No.1 of 2011 pending before the learned Special Judge for NDPS matters at Niphad, District Nashik on 3 BA-1522.11 their furnishing P.R. Bonds in the sum of `50,000/- each with one more solvent sureties in the sum aggregating to `50,000/- per applicant on the condition that the applicants shall make themselves available to the I.O. as and when required. 5. The application accordingly stands disposed of. (R.C. CHAVAN, J.)