Mumbai, November 9, 2023 – The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act), at Greater Bombay, has rejected the default bail application of Gantavya Kumar Devkinandan Chatterji, an accused in a case registered at Mumbai Central Railway Station Police Station. Chatterji had sought bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.), arguing that the chargesheet in his case was not filed within the stipulated 180-day period.

Chatterji was arrested on May 11, 2023, and produced before the Metropolitan Magistrate on May 12, 2023, for offenses under Section 8(c) read with Section 20(b)(ii) of the NDPS Act. His legal counsel, Ld. Adv. Mr. Tanvir Kazi, contended that the prescribed 180-day period for completing the investigation and filing the chargesheet ended on November 7, 2023. While an office report indicated the chargesheet was filed on November 3, 2023, Mr. Kazi argued that it was still “under scrutiny” and thus incomplete, implying his client’s “indefeasible right” to default bail had accrued.

However, Ld. APP Mr. P.J. Tarange, representing the prosecution, countered that the chargesheet was indeed filed on November 3, 2023, as confirmed by the Sessions Department’s report. He asserted that the application was filed on November 8, 2023, meaning the investigation was completed and the chargesheet filed before the 180-day deadline. Mr. Tarange emphasized that the mere fact of the chargesheet being “under scrutiny” by the court department does not render it incomplete or negate its timely filing.

After reviewing the material on record and the arguments, Additional Sessions Judge K.P. Kshirsagar (C.R. 43) found no merit in the applicant’s contention. The court explicitly stated, “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.”

The judge concluded that the investigation in the case was completed and the chargesheet filed within the prescribed 180-day period. Therefore, the court ruled that the right to default bail under Section 167(2) of Cr.P.C. had not accrued in favor of Gantavya Kumar Devkinandan Chatterji.

Consequently, NDPS Bail Application No. 1006 of 2023 was rejected, and the application stands disposed of.