NDPS BA No.1015/2023
..1..

in Spl. Case No.2015/2023
MHCC020175502023
Presented on
: 20-11-2023
Registered on : 20-11-2023
Decided on
: 16-01-2024
Duration
: 01 M, 27 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.1015 OF 2023
IN
NDPS REMAND APPLICATION NO.677 OF 2023
IN
SPECIAL CASE NO.2015 OF 2023
Raja Muthupayyan Devendra @ Jamal
Raja
Aged 36 years, Occ: Nil.
R/at : 355, Social Nagar, Ganesh Vikas
Rahivashi Sangh, M.G. Road, Dharavi,
Mumbai.

)
)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of Sion police station,
Mumbai,
vide
Spl.
LAC/C.R.
No.24/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Gorakh Liman, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.

NDPS BA No.1015/2023
..2..

in Spl. Case No.2015/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 16/01/2024
ORAL ORDER
This is an application taken out by applicant/accused Raja
Muthupayyan Devendra @ Jamal Raja under section 167(2) of Code of
Criminal Procedure r/w 36-A(4) of the NDPS Act for enlarging him on
default bail in Special LAC/C.R. No.24/2023 registered at Sion police
station, Mumbai for the offences punishable under section 8(c) r/w
section 21(c) of Narcotic Drug and Psychotropic Substances Act, 1985
(hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, report
of the Sessions Department, say of the learned APP and the record of
Special Case No.2015/2023. Heard, arguments advanced by learned
Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused argued that,
applicant/accused was arrested on 23/05/2023 and he was produced
before the Ld. Metropolitan Magistrate on 23/05/2023. The stipulated
period of 180 days from the date of first remand expired on
18/11/2023. However, till filing of the present application on
20/11/2023 the final report/charge-sheet was not filed in the present
crime.

The
final
report/charge-sheet
bearing
Special
Case
No.2015/2023 is filed on 20/11/2023 at 02.15 pm i.e. after filing of the
present application. As per the roznama dated 16/11/2023 filed along
with the application it reveals that, the final report was returned by the
NDPS BA No.1015/2023
..3..

in Spl. Case No.2015/2023
court and it was not filed in the court. Therefore, applicant/accused is
entitled for default bail under section 167(2) of Cr.P.C.
Ld. Advocate for the applicant/accused kept his reliance on
the following citation :
No.1
Achpal @ Ramswaroop & Anr., Vs. State of
Rajasthan,
in
Criminal
Appeal
No.1218/2018 @ Special Leave Petition
(Criminal)
No.6453/2018,
dated
24/09/2018 of Hon’ble Apex Court.

Court has gone through the observations made therein.
4.

On the other hand, Ld. APP argued that, prescribed period
for filing of the charge-sheet/final report in the present case was
17/11/2023.

The
roznama
dated
16/11/2023
filed
by
the
applicant/accused himself reveals that, the final report/charge-sheet
was filed in court on 16/11/2023 before the holiday court and court
had taken cognizance against the applicant/accused and as the Sessions
Department was closed due to Diwali holidays, charge-sheet was
returned back to the Investigating Officer for safe custody and he was
directed to file charge-sheet and get it registered on the very first day of
court opening i.e. on 20/11/2023. As per the direction of this court on
20/11/2023 Investigating Officer again filed the final report in the
court. The report of the Sessions Department also reveals the said fact.
Therefore, it is clear that, the final report in the present case is filed
within the prescribed period. Therefore, application for default bail is
not tenable. Hence, Ld. APP submitted that, application be rejected.

NDPS BA No.1015/2023
5.

..4..

in Spl. Case No.2015/2023
From the appreciation of the material on record it appears
that, applicant/accused was arrested on 23/05/2023 for the offences
punishable under section 8(c) r/w section 21(c) of NDPS Act, 1985.
Stipulated period for filing of the final report for the same offence is
180 days. From the report of the Sessions Department and the copy of
the roznama of the Holiday Court dated 16/11/2023 it reveals that, the
charge-sheet/final report in the present crime was filed in the court on
16/11/2023 itself and court had taken cognizance of the offence and
Investigating Officer was directed to serve the copy of charge-sheet to
the accused in the jail. From the roznama dated 16/11/2023 it reveals
that, as Sessions Department was closed due to Diwali Holidays
therefore, charge-sheet was returned to the Investigating Officer for safe
custody only and he was directed to file and get it registered on the very
first day of court opening i.e. on 20/11/2023. From the report of the
Sessions Department, it reveals that, the charge-sheet was filed on
16/11/2023 in the Holiday Court and it was again filed in the Sessions
Department on 20/11/2023. Thus, from the prima facie appreciation of
the material on record, it is clear that, the final report was filed in the
court on 16/11/2023 itself and court has also taken cognizance thereof
and court had not returned the final report as there was any noncompliance in the final report. On 16/11/2023 entire final report was
before the Holiday Court and investigation was already completed.
Mere fact that, the court returned the charge-sheet to the Investigating
Officer for safe custody as the Sessions Department was closed does not
mean that, the charge-sheet was not filed within the prescribed period
and court had returned it as it was incomplete or there was any noncompliance. In the humble opinion of this court facts in the case of
Achpal @ Ramswaroop & Anr., Vs. State of Rajasthan cited supra relied
by the applicant/accused are different than the facts of the present case.

NDPS BA No.1015/2023
6.

..5..

in Spl. Case No.2015/2023
From the appreciation of the material on record and the
considering the above discussion it is clear that, the final report in the
present case is filed within the prescribed period on 16/11/2023 itself
and the investigation was already completed within the prescribed
period. Therefore, there appear no substance in the contention of the
applicant/accused that, the final report in the present case is not filed
within the prescribed period and therefore, applicant/accused is entitled
for the default bail in the present matter. Therefore, the present
application is liable to be rejected. Hence, the following order.
ORDER
1.

NDPS Bail Application No.1015/2023 in NDPS RA No.677/2023
in Spl. Case No.2015/2023, is rejected.

2.

NDPS Bail Application No.1015/2023 is disposed of accordingly.
(Pronounced in open Court)
Date : 16/01/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
16/01/2024
Transcribed on
:
16/01/2024
Checked on
:
16/01/2024
Signed on
:
17/01/2024
NDPS BA No.1015/2023
..6..

in Spl. Case No.2015/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE
17.01.2024
TIME
NAME OF STENOGRAPHER
042.17 p.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.

16.01.2024
Judgment/order signed by P.O on 17.01.2024
Judgment/order uploaded on
17.01.2024