NDPS BA No.938/2023
..1..

in Spl. Case No.1717/2023
MHCC020158852023
Presented on
: 20-10-2023
Registered on : 20-10-2023
Decided on
: 09-01-2024
Duration
: 02 M, 20 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.938 OF 2023
IN
SPECIAL CASE NO.1717 OF 2023
Ms. Shikha Munna Shukla
)
Aged : 25 years, Occ: )
R/at : A-102, Ruchi CHS Ltd, NP Park, )
Bhayander E, Thane 401105.
) .. Applicant/accused No.2
V/s.
Union of India
)
Through Intelligence Officer, Narcotics )
Control Bureau.
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Rohit Upadhyay, for the applicant/accused.
Ld. SPP Ms. Geeta Nayyar, for the respondent/prosecution.

NDPS BA No.938/2023
..2..

in Spl. Case No.1717/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 09/01/2024
ORAL ORDER
This is an application taken out by applicant/accused Ms.
Shikha Munna Shukla under section 167(2) of Code of Criminal
Procedure r/w section 36(A) (4) of NDPS Act for enlarging her on
default bail in F.No.NCB/MZU/C.R.06/2023 registered at NCB Zonal
Unit, Mumbai for the offences punishable under section 8(c) r/w
section 22(c), section 23(c), section 27A, section 28 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 SPP and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned SPP.
3.

Learned Advocate for applicant/accused argued that,
applicant/accused was apprehended on 21/04/2023 by the respondent
NCB Zonal Unit, Mumbai in F.No.NCB/MZU/C.R.06/2023 for the
offences punishable under section 8(c) r/w section 22(c), section 23(c),
section 27A, section 28 and section 29 of the NDPS Act and he was
produced before the Additional Chief Metropolitan Magistrate Court on
22/04/2023. The period of 180 days from the date of first remand
expired on 17/10/2023 and the complaint/final report is not filed till
20/10/2023. Moreover, the complaint/final report filed without CA
NDPS BA No.938/2023
..3..

in Spl. Case No.1717/2023
report is incomplete charge-sheet. Therefore, applicant/accused is
entitled for default bail.
4.

On the other hand, Ld. SPP argued that, in the present
crime complaint/final report is already filed on 16/10/2023. The
stipulated period for filing complaint for the offence alleged is 180 days
and the complaint is filed on 178 day only. Moreover, it is settled
proposition of law that, final report/charge-sheet without CA report is a
complete charge-sheet. Therefore, application for default bail is not
tenable. Hence, application be rejected.
5.

From the appreciation of the material on record it appears
that, applicant/accused was apprehended on 21/04/2023 for the
offence punishable under section 8(c) r/w section 22(c), section 23(c),
section 27A, section 28 and section 29 of the NDPS Act. Stipulated
period for filing complaint/final report for the same offence is 180 days.
From the report of the Sessions Court Department and the submission
of the Ld. SPP it reveals that, final report/complaint was filed in the
present
case
on
16/10/2023
i.e.

within
stipulated
period.

Applicant/accused has filed the present application on 20/10/2023.
Moreover, Judicial note of the judgment in the case of Manas Krishna T.
K. Vs. State & Anr., of the Hon’ble Division Bench of the Bombay High Court
can be taken wherein it is helkd that, “In NDPS case a police report containing
the details prescribed under section 173(2) of Cr.P.C is a complete police
report or a charge-sheet or a challan even if it is unaccompanied by a CA/FSL
report. If such police report is filed within the stipulated period under section
167(2) of Cr.P.C r/w section 36-A(4) of the NDPS Act, the accused cannot
insist upon a default bail”. Therefore, there appear no substance in the
contention of the applicant/accused that, the complaint/charge-sheet filed
NDPS BA No.938/2023
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in Spl. Case No.1717/2023
without CA report is incomplete charge-sheet and on that ground
applicant/accused is entitled for default bail.
Considering the above discussion present application for
default bail is not tenable. Therefore, present application is liable to be
rejected. Hence, the following order.
ORDER
1.

NDPS Bail Application No.938/2023 of applicant/accused Ms.
Shikha Munna Shukla in F.No.NCB/MZU/C.R.06/2023 in Special
Case No.1717/2023, is rejected.

2.

NDPS Bail Application No.938/2023 is disposed of accordingly.
(Pronounced in open Court)
Date : 09/01/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
09/01/2024
Transcribed on
:
09/01/2024
Checked on
:
10/01/2024
Signed on
:
12/01/2024
NDPS BA No.938/2023
..5..

in Spl. Case No.1717/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
15.01.2024
TIME
NAME OF STENOGRAPHER
05.50 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
Date of Pronouncement of
Judgment/Order.

09/01/2024
(C.R.No.43) NDPS Spl. Judge
Judgment/order signed by P.O on 12/01/2024
Judgment/order uploaded on
15/01/2024