BA.No.946/2023
-1-
NDPS.RA.386/2023
MHCC020159412023
Presented on
Registered on
Decided on
Duration
: 21-10-2023
: 21-10-2023
: 23-10-2023
: 0 years, 0 months, 2 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.946 OF 2023
IN
NDPS REMAND APPLICATION NO.386 OF 2023
Sannaulla Abdulla Khan
Age-44 years, Occupation-Business,
R/o.: R-1 Building, Room No.1409,
Gulshan Nagar, Jogeshwari (West),
Mumbai.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Juhu Police
Station, vide C.R.No.285 of 2022.)

.. Respondent.

Advocate Mr. Dilip Mishra for the Applicant/Accused.
APP Mr. Wajeed Shaikh for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 23rd October, 2023.
ORDER
1.

This is an application for bail by applicant/accused Sallaulla
Abdulla Khan who has been arrested in CR.No.284 of 2023, registered
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NDPS.RA.386/2023
with Oshiwara Police Station, for the offence punishable under Section
8(c) read with Section 21(c) of the Narcotic Drugs and Psychotropic
Substance Act, 1985, (for short, ‘NDPS Act’).
2.

The applicant was arrested on 29.3.2023. He is alleged to be
found carrying commercial quantity of Mephedrone (MD) and has been
charged for violation of Section 8(c) read with Section 21(c) of the
NDPS Act. The charge-sheet ought to have been filed within 180 days.
The period for filing charge-sheet has expired on 25.09.2023 and
hence, bail is sought under Section 167(2) of the Cr.P.C.
3.

The say of the Sessions Department was called. So also APP has
filed a say.
4.

The application for bail under Section 167(2) of Cr.P.C. was filed
on 21.10.2023. The office has submitted that the charge-sheet was
filed on 22.09.2023. The file was checked on 06.10.2023. Objections
were removed on 10.10.2023 except for the objection that original
documents are not replaced with photocopy.
5.

The counsel for the accused has relied on a circular dated
15.07.2021 issued by the Registrar(S) City Sessions Court, Mumbai, in
the circular it was mentioned that if the office objection is not removed
within the stipulated time of a week, charge-sheet shall be returned to
the Investigating Agency. The counsel for the accused has submitted
that the office objection were not removed within the stipulated period
of a week, the charge-sheet could not be kept on file.
6.

I have gone through the circular in that circular the Hon’ble
Principal Judge had approved the circular with a rider that before
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NDPS.RA.386/2023
returning the matter we placed before concerned Judge for directions.
7.

In this case, charge-sheet was filed within the period of 180 days.

The objections were also removed within the stipulated period. The
only
objection
that
remained
to
be
removed
was
regarding
withdrawing the original documents and witnessing them with photo
copy. Thus, the report of the department shows that charge-sheet was
filed in time and the objection were removed on time, all the
documents were forthcoming in the charge-sheet. In such case, the
applicant cannot claim bail under Section 167(2) of the Cr.P.C. Hence,
application for bail stands rejected and the following order is passed:
Order
Bail Application No.946 of 2023 in NDPS Remand Application
No.386 of 2023 stands rejected and disposed off.
AMIT V
KHARKAR
Date : 23.10.2023
Dictated on
: 23.10.2023
Transcribed on : 25.10.2023
HHJ signed on : 25.10.2023
Digitally signed
by AMIT V
KHARKAR
Date: 2023.10.25
16:43:09 +0530
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

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NDPS.RA.386/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
25.10.2023/4.42 p.m.

(Mrs. Pradnya S. Naik)
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 23.10.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
25.10.2023
JUDGMENT/ORDER uploaded on
25.10.2023