Mumbai: In a significant development, Mrs. Ayesha Sajid Shaikh, also known as Bindu Ajay Nisad, a 45-year-old housewife, was granted default bail by the Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Greater Bombay. The bail was approved on October 9, 2023, by Additional Sessions Judge (C.R.43) K.P. Kshirsagar, citing the prosecution’s failure to file the charge sheet within the stipulated 60-day period.

Shaikh was arrested on August 9, 2023, in connection with C.R. No. 1162/2023, registered at Bandra Police Station, Mumbai. She faced charges under Section 8(c) read with Section 21(b) and Section 29 of the NDPS Act. These sections typically pertain to the production, manufacture, possession, sale, purchase, transport, or use of narcotic drugs and psychotropic substances, and criminal conspiracy.

Grounds for Default Bail: The 60-Day Rule

The bail application, NDPS BA No. 891 of 2023, was filed under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.), which provides for statutory or “default” bail. This provision mandates that if the investigating agency fails to complete the investigation and file a charge sheet within a specific period (usually 60 or 90 days, depending on the nature of the offense), the accused gains an indefeasible right to be released on bail.

In cases falling under the NDPS Act, Section 36A(4) of the NDPS Act aligns with Section 167(2) of Cr.P.C., specifying the permissible period for investigation. For the offenses Shaikh was charged with (Section 21(b) indicates an intermediate quantity of contraband), the prescribed period for filing the charge sheet is 60 days.

Arguments and Court’s Observation

During the hearing, Learned Advocate Mr. Shabbir A. Shora, representing the applicant, vehemently argued that Shaikh was arrested on August 9, 2023, and remanded to police custody on the same day, subsequently moving to judicial custody. He emphasized that the 60-day period from the date of the first remand had already lapsed by October 9, 2023, the date of the bail application’s presentation and decision. Crucially, as per the office report, the final report or charge sheet had not been filed in the case by that date. Given this procedural lapse, Mr. Shora asserted that Shaikh was entitled to default bail.

Learned APP Mr. P.J. Tarange, representing the prosecution, conceded the point. He admitted that the charge sheet/final report had indeed not been filed within the prescribed 60-day period. He submitted to the court to pass an appropriate order based on this fact.

Court’s Decision and Rationale

Upon perusing the application, supporting documents, the report of the Sessions Department, and hearing both sides, the court found the applicant’s contention to be valid. Judge Kshirsagar observed that “From the matter on record it appears that, applicant/accused is alleged to have committed offence punishable under section 8(c) r/w section 21(b) and section 29 of NDPS Act, 1985.” The court unequivocally stated, “Admittedly, the applicant/accused was arrested on 09/08/2023 and produced for remand on same day i.e. on 09/08/2023. As per section 167(2) of Cr.P.C r/w section 36A (4) of the NDPS Act prescribed period in reference to above offence is 60 days only.”

The judgment highlighted that the office report confirmed the absence of the charge sheet until October 9, 2023, thereby establishing that the “final report/charge-sheet is not filed within the prescribed period.” This failure, the court concluded, meant that the “right for default bail is accrued in favour of the applicant/accused.”

Bail Conditions

Consequently, Mrs. Ayesha Sajid Shaikh @ Bindu Ajay Nisad was ordered to be released on bail upon executing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount. The court imposed several conditions to ensure her cooperation with the ongoing investigation and trial:

• Cooperation with Investigating Officer: The applicant/accused shall cooperate with the Investigating Officer and make herself available for interrogation as and when required.
• No Tampering: She shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
• Cooperation in Trial: She shall cooperate in the early disposal of the trial.
• No Further Offenses: She shall not commit any criminal offense while on bail.
• Contact Information: The applicant/accused and her surety shall provide their respective mobile numbers and present address and proof of residence at the time of execution of the bail bond/surety bond.

The NDPS Bail Application No. 891 of 2023 was accordingly disposed of. This case serves as a reminder of the fundamental right to default bail when investigating agencies fail to meet the statutory deadlines for filing charge sheets, reinforcing the procedural safeguards enshrined in Indian criminal law.