Mumbai – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Mumbai, on October 23, 2023, rejected the default bail application of Sannaulla Abdulla Khan, who was arrested for allegedly possessing a commercial quantity of Mephedrone (MD). The court found that the charge-sheet against Khan was filed within the statutory period, thereby denying his claim for automatic bail.

Sannaulla Abdulla Khan, a 44-year-old businessman, was arrested on March 29, 2023, in connection with C.R. No. 284 of 2023 registered with Oshiwara Police Station. He has been charged under Section 8(c) read with Section 21(c) of the NDPS Act, which pertains to dealing with a commercial quantity of illicit drugs.

Under Indian law, specifically Section 167(2) of the Code of Criminal Procedure (Cr.P.C.), an accused is entitled to “default bail” if the investigating agency fails to file a charge-sheet within a stipulated period, which is typically 180 days for offenses involving commercial quantities under the NDPS Act. Khan’s counsel, Mr. Dilip Mishra, argued that the 180-day period for filing the charge-sheet had expired on September 25, 2023, making his client eligible for default bail, as the application was filed on October 21, 2023.

The defense further relied on a circular issued by the Registrar (Sessions) of the City Sessions Court, Mumbai, dated July 15, 2021. This circular stated that if office objections on a charge-sheet are not removed within a stipulated period of a week, the charge-sheet should be returned to the Investigating Agency. Mr. Mishra contended that since the objections were not fully removed within this period, the charge-sheet could not be considered validly on file.

However, the Special Public Prosecutor, Mr. Wajeed Shaikh, representing the State, informed the court that the charge-sheet against Khan was, in fact, filed on September 22, 2023 – three days before the 180-day deadline expired. The court office confirmed this, stating that the file was checked on October 6, 2023, and most objections had been removed by October 10, 2023. The only remaining objection was a minor procedural one regarding the replacement of original documents with photocopies.

Special Judge A.V. Kharkar, presiding over the NDPS court, carefully considered both arguments. He reviewed the circular cited by the defense and noted a crucial rider within it: before returning a charge-sheet due to objections, the matter must first be placed before the concerned Judge for directions.

Judge Kharkar concluded that since the charge-sheet was indisputably filed within the 180-day period, and the objections were largely addressed, with only a minor technicality remaining, the applicant could not claim an “indefeasible right” to bail under Section 167(2) of the Cr.P.C.

Accordingly, the bail application filed by Sannaulla Abdulla Khan was rejected.