Mumbai Court Grants Default Bail to Accused Shahrukh Hasam Sayyed in NDPS Case

Mumbai, October 18, 2023 – Shahrukh Hasam Sayyed, 31, an accused in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case, has been granted default bail by the Special Court for NDPS Act cases in Greater Mumbai. The order, delivered by Additional Sessions Judge K.P. Kshirsagar on October 17, 2023, came after the Vikhroli police failed to file a charge-sheet within the stipulated 180-day period.

Sayyed, residing at Mahim Road, Mumbai, had filed Bail Application No. 916 of 2023 under Section 167(2) of the Code of Criminal Procedure. He was arrested on February 8, 2023, in connection with Spl. LAC/C.R. No. 92/2023, registered at Vikhroli police station for offenses under Section 8(c) read with Section 20(c) of the NDPS Act.

Prosecution Fails to Meet Deadline

During the proceedings, Mr. Rohit Padvi, the learned advocate for the applicant, argued that more than 180 days had elapsed since Sayyed’s initial remand on February 8, 2023. He pointed out that despite this, the police had not filed the final report or charge-sheet by October 16, 2023, as confirmed by the court’s office report. Therefore, he contended that Sayyed had an accrued right to default bail under Section 167(2) of the Cr.P.C.

Mr. P.J. Tarange, the learned Additional Public Prosecutor (APP), conceded that the charge-sheet/final report had not been filed within the prescribed 180-day period. He left it to the court to pass an appropriate order.

Court Upholds Accused’s Right to Default Bail

After reviewing the application, documents, and the office report, the court acknowledged that Shahrukh Hasam Sayyed was accused of offenses punishable under Section 8(c) read with Section 20(c) of the NDPS Act, 1985. It noted that the prescribed period for filing the charge-sheet for such offenses, as per Section 167(2) of Cr.P.C. read with Section 36A (4) of the NDPS Act, is 180 days.

The court explicitly stated that the prosecution had not sought any extension of this period. Since the final report/charge-sheet had not been filed by October 16, 2023, the court concluded that the right to default bail had indeed accrued in favor of the applicant.

Bail Conditions Imposed

Consequently, the court allowed NDPS Bail Application No. 916/2023, ordering the release of Shahrukh Hasam Sayyed on bail under the following conditions:

Personal Bond and Surety: The applicant must execute a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount.
Cooperation with Investigation: The applicant shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
No Tampering: The applicant shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
Trial Cooperation: The applicant shall cooperate in the early disposal of the trial.
No Further Offence: The applicant shall not commit any criminal offense while on bail.
Contact and Address Proof: The applicant and his surety must provide their respective mobile numbers, present addresses, and proof of residence at the time of executing the bail bond/surety bond.

The bail application was disposed of accordingly. The order was dictated, transcribed, checked, and signed on October 17, 2023, and uploaded on October 18, 2023.