Mumbai | 21 December 2023: In a significant development under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Special NDPS Court at Greater Bombay granted default bail to 36-year-old Sarfaraj Sabirali Khan, who was arrested in connection with a drug-related offence. The bail was granted under Section 167(2) of the Code of Criminal Procedure (CrPC) after the prosecution failed to file a chargesheet within the legally stipulated 60-day period.
The matter was heard by Hon’ble Special Judge K.P. Kshirsagar (C.R. No.43), who delivered the order on December 20, 2023. The bail application, bearing No. 1036 of 2023, was filed in connection with Remand Application No. 1244 of 2023, registered at the Kurla Police Station under Special LAC/Crime Register No. 71/2023.
Case Background:
Sarfaraj Sabirali Khan, a resident of Room No. 08, Kurla Garden, Indira Nagar, Parighkhadi LBS Marg, Kurla, Mumbai, was arrested on September 18, 2023. He was booked under Section 8(c) read with Section 22(b) and Section 29 of the NDPS Act, 1985. These sections pertain to the possession, sale, or trafficking of psychotropic substances and criminal conspiracy related to narcotics offences.
Following his arrest, Khan was initially remanded to police custody and subsequently to judicial custody. However, as per the statutory provisions under CrPC and the NDPS Act, the prosecution was required to file the final report or chargesheet within 60 days from the date of the first remand in cases where the alleged offence attracts a punishment of less than 10 years.
Despite the lapse of 60 days, the chargesheet had not been submitted by November 23, 2023, as confirmed by the Sessions Department’s report. Consequently, the defence counsel, Adv. Mr. Bangar, moved a bail application on the ground that the accused was entitled to default bail due to non-compliance with the mandatory timeline.
Court’s Observations and Findings:
During the hearing, the prosecution, represented by Learned APP Mr. Rajput, did not dispute the delay in filing the chargesheet. The court noted that:
- The accused was arrested and remanded on 18/09/2023.
- The chargesheet was not filed even by 23/11/2023, well beyond the 60-day limit.
- The offence alleged—under Sections 8(c), 22(b), and 29—prescribes a chargesheet filing deadline of 60 days under Section 36A(4) of the NDPS Act.
Accordingly, the court ruled that the statutory right to default bail had accrued in favour of the accused, and there were no legal grounds to deny it.
Bail Conditions Imposed:
While allowing the bail application, the court directed that Khan be released on a personal bond of ₹50,000 with one surety of like amount, subject to the following conditions:
- The accused shall cooperate with the Investigating Officer and make himself available for interrogation whenever required.
- He shall not tamper with evidence or influence witnesses.
- He must assist in the early disposal of the trial.
- He shall not commit any further offence while on bail.
- Both the accused and his surety must submit their current mobile numbers and residential proof at the time of executing the bond.
The order was pronounced in open court on December 20, 2023, and a certified copy was uploaded the following day, December 21, 2023, at 3:17 PM by Stenographer Grade-I, Mr. Sanjay Baliram Kaskar.
Legal Implication:
This ruling underscores the importance of adhering to statutory timelines in criminal investigations, especially under the stringent NDPS Act. The court’s adherence to procedural safeguards reinforces the principle that even in grave offences, the constitutional rights of an accused must not be compromised by administrative delays.
Khan’s release on default bail serves as a reminder that procedural lapses by investigative agencies can lead to significant reliefs for the accused, regardless of the severity of allegations.
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