Mumbai: Mohammad Bilal Musa Shaikh, a 40-year-old plumber residing in Sakinaka, Kurla (West), has been granted default bail by the Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Greater Bombay. The bail was approved on November 8, 2023, by Additional Sessions Judge (C.R.43) K.P. Kshirsagar, owing to the prosecution’s failure to file the charge sheet within the statutory period of 180 days.
Shaikh was arrested on May 12, 2023, in connection with Spl. LAC/C.R. No. 63/2023, registered at Kurla Police Station, Mumbai. He was charged under Section 8(c) read with Section 22(c) of the NDPS Act, 1985. Section 22(c) pertains to offenses involving commercial quantities of psychotropic substances, which carries a more severe punishment and typically mandates a longer period for investigation.
The Application for Default Bail
Shaikh’s bail application (NDPS BA No. 1003 of 2023) was filed under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.). This provision allows an accused person to be released on bail if the investigating agency fails to complete its investigation and file a charge sheet within a prescribed period, which, for offenses like those under Section 22(c) of the NDPS Act, is typically 180 days. This right to bail, often referred to as “default bail” or “statutory bail,” accrues automatically once the stipulated period expires without the filing of a charge sheet or an extension sought by the prosecution.
Arguments Presented in Court
Learned Advocate Mr. Mushtaq Shaikh, representing the applicant, argued that Mohammad Bilal Musa Shaikh was arrested on May 12, 2023, and remanded to police custody on the same day, subsequently transitioning to judicial custody. He emphasized that the 180-day period from the date of the first remand had already lapsed by November 8, 2023, the day the bail application was presented and decided. Crucially, he pointed out that, according to the official report from the Sessions Department, the final report or charge sheet had not been filed in the present case by that date. Given this procedural lapse, Mr. Shaikh contended that his client was entitled to default bail as per Section 167(2) of Cr.P.C.
Learned APP Mr. P.J. Tarange, representing the prosecution, conceded the facts. He admitted that the charge sheet/final report had not been filed within the prescribed period of 180 days. Consequently, he submitted to the court to pass an appropriate order based on this admission.
Court’s Ruling and Rationale
After reviewing the application, supporting documents, the Sessions Department’s report, and hearing arguments from both sides, Additional Sessions Judge K.P. Kshirsagar found the applicant’s claim to be valid. The court noted that “applicant/accused is alleged to have committed offence punishable under section 8(c) r/w section 22(c) of NDPS Act, 1985.” It was also confirmed that “the applicant/accused was arrested on 12/05/2023 and produced for remand on 12/05/2023 itself.”
The judge explicitly stated that “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 180 days only.” The court further highlighted that it was “not the case of respondent that it had sought extension of above period.” The office report clearly indicated that “the final report/charge-sheet in the present matter was not filed till 08/11/2023.”
Based on these facts, the court concluded that “final report/charge-sheet is not filed within the prescribed period. As such right for default bail is accrued in favour of the applicant/accused.”
Conditions for Bail
Mohammad Bilal Musa Shaikh 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 standard conditions to ensure his cooperation with the ongoing investigation and trial:
- Cooperation with Investigating Officer: The applicant/accused shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
- No Tampering: He shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
- Cooperation in Trial: He shall cooperate in the early disposal of the trial.
- No Further Offenses: He shall not commit any criminal offense while on bail.
- Contact Information: The applicant/accused and his 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. 1003 of 2023 was accordingly disposed of. This ruling reaffirms the fundamental right to default bail, ensuring that individuals are not indefinitely detained without the timely completion of investigation and filing of formal charges.