NDPS BA No.1006/2023
..1..

in NDPS RA No.654/2023
MHCC020169682023
Presented on
: 08-11-2023
Registered on : 08-11-2023
Decided on
: 09-11-2023
Duration
: 01 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.1006 OF 2023
IN
NDPS REMAND APPLICATION NO.654 OF 2023
Gantavya Kumar Devkinandan Chatterji
Aged : – years, Occ: R/at : 14/E, Old Savay Road, Dehradun,
P.O. No. 248001 State Uttarakhand.

)
)
)
) .. Applicant/accused
V/s.
The State of Maharashtra
(At the instance of Mumbai Central
Railway Station Police Station, vide C.R.
No.410/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Tanvir Kazi, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.1006/2023
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in NDPS RA No.654/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 09/11/2023
ORAL ORDER
This is an application taken out by applicant/accused
Gantavya Kumar Devkinandan Chatterji under section 167(2) of Code
of Criminal Procedure for enlarging him on default bail in C.R.
No.410/2023 registered at Mumbai Central Railway Station Police
Station, Mumbai for the offences punishable under section 8(c) r/w
section 20(b)(ii) of Narcotic Drug and Psychotropic Substances Act,
1985 (hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, say of
the learned APP and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused argued that,
applicant/accused was arrested on 11/05/2023 and produced before
the Ld. Metropolitan Magistrate 36th Court, Mumbai Central, Mumbai
on 12/05/2023. Applicant/accused is alleged to have committed the
offence punishable under section 8(c) r/w section 20(b)(ii) of the NDPS
Act. The prescribed period of 180 days for completion of investigation
and filing of the charge-sheet is completed on 07/11/2023. Though as
per the office report the final report/charge-sheet is filed by respondent
on 03/11/2023 till it was under scrutiny till date of filing of the present
application and therefore, it cannot be said to be complete charge-sheet.
Therefore, Ld. Advocate for the applicant/accused submitted that,
NDPS BA No.1006/2023
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in NDPS RA No.654/2023
indefeasible right to be released on bail is accrued in favour of the
applicant/accused. Therefore, Ld. Advocate for the applicant/accused
prayed that, applicant/accused be enlarged on bail.
4.

On the other hand, Ld. APP argued that, as per the report
of the Sessions Department charge-sheet in the present crime is filed on
03/11/2023. The present application is filed on 08/11/2023. Thus,
admittedly the investigation is completed and final report/charge-sheet
is filed in the present crime within prescribed period of 180 days. Mere
fact that, the final report/charge-sheet was under scrutiny of the
department of the Court does not mean that the final report/chargesheet was incomplete. Therefore, right to be released on the default bail
is not accrued in favour of the applicant/accused. Therefore, Ld. APP
submitted that, application be rejected.
5.

From the report of Sessions Department it reveals that in
the present crime charge-sheet is filed on 03/11/2023. As such the final
report/charge-sheet in the present crime is filed within the prescribed
period of 180 days. 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.
Completion of investigation is material for seeking default bail.
Therefore, there appear no substance in the contention of the
applicant/accused. From the appreciation of the material on record it is
clear that, the investigation in the present crime is completed within
prescribed period and charge-sheet is filed in the present case within
prescribed period. Therefore, right for default bail under section 167(2)
of Cr.P.C. is not accrued in favour of the applicant/accused. As such the
NDPS BA No.1006/2023
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in NDPS RA No.654/2023
applicant/accused is not entitled for default bail. Therefore, present
application is liable to be rejected. Hence, the following order.
ORDER
1.

NDPS Bail Application No.1006/2023 of applicant/accused
Gantavya Kumar Devkinandan Chatterji in C.R. No.410/2023 in
NDPS RA No.654/2023, is rejected.

2.

NDPS Bail Application No.1006/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 09/11/2023.

Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date: 2023.11.10
17:49:08 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
09/11/2023
Transcribed on
:
09/11/2023
Checked on
:
09/11/2023
Signed on
:
09/11/2023
NDPS BA No.1006/2023
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in NDPS RA No.654/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
10.11.2023
TIME
NAME OF STENOGRAPHER
05.40 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
NDPS Spl. Judge (C.R.No.43)
Date of Pronouncement of
Judgment/Order.

09/11/2023
Judgment/order signed by P.O on 09/11/2023
Judgment/order uploaded on
10/11/2023