BA 966/2023
..1..

MHCC020163662023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 966 OF 2023
IN
C. R. NO. 95/2023
Salum Mwesa Ali
Age : 37 years
R/at : Near Kharghar Bridge,
Sec.-34, Navi Mumbai.
V/s.
State of Maharashtra
(Pydhonie Police Station)
… Applicant/accused
… Respondent
Appearance :Mr. Gorakh Liman, Adv. for the applicant.
Mr. Shankar Erande, APP for the respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
20.11.2023
ORDER
This is an application for grant of default bail under
section 167 (2) of Cr. P. C. on the ground that prosecution failed to file
charge-sheet within stipulated period. Heard both sides.
2.

Ld. Adv. Mr. Gorakh Liman for applicant/accused Salum
Mwesa Ali submitted that the applicant has been arrested by officers of
Pydhonie Police Station on 31.08.2023, vide their C.R. No. 95/2023
for alleged commission of offence under Sections 8(c) r/w 21(b) of the
Narcotic Drugs and Psychotropic Substance Act, 1985 (For short, “the
NDPS Act”). Accused was produced before Ld. Magistrate on
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31.08.2023. If period of 60 days is counted from 31.08.2023, it is
completed on 29.10.2023. Present bail application is filed on
30.10.2023. Intermediate quantity of Narcotic drug Cocaine i.e. 12 gms.
is recovered from the applicant and case of applicant falls within ambit
of u/sec. 21(b) of the NDPS Act. Punishment prescribed for the offence
u/sec. 8(c) & 21 (b) of the NDPS Act is imprisonment up to 10 years.
Therefore, case of the applicant is covered u/sec. 167(2)(i) of the Cr.P.C.
Prosecution had not filed the charge-sheet till 30.10.2023 as per CIS
and Registry record till filing of the bail application. Even otherwise,
bail application is filed after expiry of 60 days period from the date of
production of the accused before the Court. Ld. APP Mr. Shankar Erande
has given say on the application and he objected to grant of bail.
Considering legal position and the fact that charge-sheet is not filed
within period of 60 days from the date of production of the accused
before the Magistrate, the accused cannot be deprived of his
indefeasible right of default bail. Hence, I pass following order.
ORDER
1.

Bail application No. 966 of 2023 is hereby allowed.

2.

Applicant/accused Salum Mwesa Ali is granted default bail under
Section 167 (2) of Cr. P. C. in connection with C.R. No. 95/2023 of
Pydhonie Police Station registered u/sec.8(c) r/w 21(b) of the Narcotic
Drugs and Psychotropic Substances Act, 1985 and he shall be released
on executing P. R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with
one or more sureties in the like amount.
(i)
The applicant/accused shall attend Pydhonie Police Station on
every Friday in between 11.00 a.m to 02.00 p.m for purpose of
investigation till filing of charge-sheet.

(ii)
The applicant/accused and his sureties shall provide their
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respective mobile numbers and correct address of residence
alongwith names of two relatives with their mobile numbers and
addresses.
(iii)
The applicant/accused shall produce the proof of his identity and
proof of residence at the time of the executing the bail bond.

(iv)
The applicant/accused shall not temper with prosecution
witnesses/evidence in any manner and co-operate in early
disposal of trial.

(v)
The applicant/accused shall not commit similar offence while on
bail.

3.

Bail Application No. 966 of 2023 is disposed off, accordingly.

Date : 20.11.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
Dictated on
: 20.11.2023
Transcribed on : 20.11.2023
Signed on
: 20.11.2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
21.11.2023
TIME
NAME OF STENOGRAPHER
11.45 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
20.11.2023
Judgment/order uploaded on
21.11.2023
20.11.2023