AFREEN ABUBAKAR TAYAL vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

P.H. Jayani 907 WP4886.2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4886 OF 2025 Afreen Abubakar Tayal (next of kin – sister of Arif Abubakar Tayal) …. Petitioner V/s. The State of Maharashtra and Ors. …. Respondents Mr. Manas Gawankar a/w. Mr. Shreyas Gawankar for the Petitioner. Ms. Sangeeta D. Shinde, APP for the Respondent – State. CORAM : SARANG V. KOTWAL AND SHYAM C. CHANDAK, JJ. DATED : 17th SEPTEMBER, 2025 P.C. :- 1) Rule. With consent of the parties, Rule is made returnable forthwith. 2) This is a Petition for the Writ of Habeas Corpus for releasing the detenue – Arif Abubakar Tayal who is detained at Taloja Central Prison. The Petition is filed by the sister of the detenue. 3) The Petitioner’s case is that on 27/07/2025, at about 06:25 a.m., the Assistant Police Inspector, Mumbra Police Station along with four other Officers, one Irfan Multani came to the detenue’s house. The Police Officers were in civil uniform. They illegally detained him and took him to Mumbra Police Station. They showed him arrested at 10:38 a.m. on 28/07/2025 in connection with C.R.No.1276/2025 registered with Mumbra 1/7 P.H. Jayani 907 WP4886.2025.doc Police Station, Thane for offences punishable under Sections 8(c), 20(b), 22(a) and 29 of The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The FIR is dated 28/07/2025. 4) The detenue was produced before the learned JMFC, Thane on 28/07/2025 at 03:10 p.m. The learned Magistrate remanded the detenue to police custody till 01/08/2025. After that, he was produced before the learned Special Judge under the NDPS Act, Thane on 01/08/2025. The learned Special Judge remanded him to further police custody till 07/08/2025. On that day i.e., on 07/08/2025, the detenue was