NDPS BA No.965/2023
..1..

in NDPS RA No.581/2023
MHCC020164502023
Presented on
: 30-10-2023
Registered on : 30-10-2023
Decided on
: 06-11-2023
Duration
: 07 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.965 OF 2023
IN
NDPS REMAND APPLICATION NO.581 OF 2023
1. Nadeem Salim Shaikh
Aged : 38 years, Occ: R/at : B 104, Sai Queen Building,
Varsova, Andheri (W), Mumbai.

)
)
)
)
2. Rajendra Hanuman Yadav
Aged : 36 years, Occ: R/at : Krushna Nagar, Jagannath Yadav
Chawl, Nayara Compound, Kholi No. 9,
Gunfa Road, Jogeshwari (E), Mumbai.

)
)
)
)
) ..
Applicants/accused
Nos.2 & 4
V/s.
The State of Maharashtra
(At the instance of DCB-CID Unit-IV,
Mumbai,
vide
Spl.
LAC/C.R.
No.34/2023) (Dongri police station,
Mumbai
vide
Spl.
LAC/C.R.
No.28/2023)
)
)
)
)
)
) .. Respondent/Prosecutor
NDPS BA No.965/2023
..2..

in NDPS RA No.581/2023
Appearance :
Ld. Adv. Mr. U.L. Singh, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 06/11/2023
ORAL ORDER
This is an application taken out by applicant/accused No.2
Nadeem Salim Shaikh and accused No.4 Rajendra Hanuman Yadav
under section 167(2) of Code of Criminal Procedure for enlarging them
on default bail in Spl. LAC/C.R. No.34/2023 registered at DCB-CID
Unit-IV, Mumbai (Dongri police station, Mumbai vide Spl. LAC/C.R.
No.28/2023) for the offences punishable under section 8(c) r/w section
20(b), section 22(c) and section 29 of Narcotic Drug and Psychotropic
Substances Act, 1985 (hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, say of
the learned APP and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused argued that,
applicants/accused were arrested on 30/04/2023 and produced before
the Ld. Metropolitan Magistrate 38th Court Esplanade, Mumbai on
30/04/2023. Applicants/accused are alleged to have committed the
offence punishable under section 8(c) r/w section 20(b), section 22(c)
and section 29 of the NDPS Act. The prescribed period of 180 days for
NDPS BA No.965/2023
..3..

in NDPS RA No.581/2023
completion of investigation and filing of the charge-sheet is completed
on 27/10/2023. Though as per the office report the final report/chargesheet is filed by respondent on 17/10/2023 till it was under scrutiny till
date of filing of the present application and therefore, it cannot be said
to be complete charge-sheet. Therefore, Ld. Advocate for the
applicant/accused submitted that, indefeasible right to be released on
bail is accrued in favour of the applicants/accused. Therefore, Ld.
Advocate for the applicants/accused prayed that, applicants/accused be
enlarged on bail.
4.

On the other hand, Ld. APP argued that, as per the report
of the Sessions Department charge-sheet in the present crime is filed on
17/10/2023. The present application is filed on 30/10/2023. Thus,
admittedly the investigation is completed and final report/charge-sheet
is filed in the present crime within prescribed period of 180 days. Mere
fact that, the final report/charge-sheet was under scrutiny of the
department of the Court does not mean that the final report/chargesheet was incomplete. Therefore, right to be released on the default bail
is not accrued in favour of the applicants/accused. Therefore, Ld. APP
submitted that, application be rejected.
5.

From the report of Sessions Department it reveals that in
the present crime charge-sheet is filed on 17/10/2023. As such the
final report/charge-sheet in the present crime is filed within the
prescribed period of 180 days. Completion of investigation is important
for considering right of default bail under section 167(2) of Cr.P.C. Mere
fact that, final report/charge-sheet was under scrutiny of the Court does
not mean that, it was incomplete and it is not filed in the Court.
Completion of investigation is material for seeking default bail.

NDPS BA No.965/2023
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in NDPS RA No.581/2023
Therefore, there appear no substance in the contention of the
applicant/accused. From the appreciation of the material on record it is
clear that, the investigation in the present crime is completed within
prescribed period and charge-sheet is filed in the present case within
prescribed period. Therefore, right for default bail under section 167(2)
of Cr.P.C. is not accrued in favour of the applicants/accused. As such the
applicants/accused are not entitled for default bail. Therefore, present
application is liable to be rejected. Hence, the following order.
ORDER
1.

NDPS Bail Application No.965/2023 of applicant/accused No.2
Nadeem Salim Shaikh and accused No.4 Rajendra Hanuman
Yadav Sabat Mehtab Khan in Spl. LAC/C.R. No.34/2023 in NDPS
RA No.581/2023, is rejected.

2.

NDPS Bail Application No.965/2023 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.11.10
11:37:58 +0530
Date : 06/11/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
06/11/2023
Transcribed on
:
06/11/2023
Checked on
:
06/11/2023
Signed on
:
08/11/2023
NDPS BA No.965/2023
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in NDPS RA No.581/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
10.11.2023
TIME
NAME OF STENOGRAPHER
11.37 a.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
NDPS Spl. Judge (C.R.No.43)
Date of Pronouncement of
Judgment/Order.

06/11/2023
Judgment/order signed by P.O on 08/11/2023
Judgment/order uploaded on
10/11/2023