NDPS BA No.1036/2023
..1..

in NDPS RA No.1244/2023
MHCC020177492023
Presented on
: 23-11-2023
Registered on : 23-11-2023
Decided on
: 20-12-2023
Duration
: 27 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.1036 OF 2023
IN
NDPS REMAND APPLICATION NO.1244 OF 2023
Sarfaraj Sabirali Khan
Aged : 36 years, Occ: Driver
R/at : Room No. 08, Kurla Garden Indira
Nagar, Parighkhadi LBS Marg, Kurla
Mumbai 400 070.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of Kurla police station,
Mumbai,
vide
Spl.
LAC/C.R.
No.71/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Bangar, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.

NDPS BA No.1036/2023
..2..

in NDPS RA No.1244/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 20/12/2023
ORAL ORDER
This is an application taken out by applicant/accused
Sarfaraj Sabirali Khan under section 167(2) of Code of Criminal
Procedure for enlarging him on default bail in Spl. LAC/C.R.
No.71/2023 registered at Kurla police station, Mumbai for the offences
punishable under section 8(c) r/w section 22(b) and section 29 of
Narcotic Drug and Psychotropic Substances Act, 1985 (hereinafter
referred as “NDPS Act”).
2.

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

Learned Advocate for applicant/accused argued that, the
applicant/accused was arrested on 18/09/2023 and on the same day he
was remanded to police custody and thereafter applicant/accused was
remanded to the judicial custody. The period of 60 days from the date
of first remand is already lapsed. However, as per the report of this
office till 23/11/2023 final report/charge-sheet was not filed in the
present case. Therefore, applicant/accused is entitled for default bail as
per
section
167(2)
of
Cr.P.C.

Hence,
Ld.

Advocate
applicant/accused prayed that application be allowed.

for
the
NDPS BA No.1036/2023
4.

..3..

in NDPS RA No.1244/2023
On the other hand, Ld. APP argued that, admittedly, the
charge-sheet/final report is not filed within the prescribed period of 60
days. Therefore, Ld. APP submitted to pass the appropriate order.
5.

From
the
matter
on
record
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 22(b) and section 29 of NDPS Act, 1985.
Admittedly, the applicant/accused was arrested on 18/09/2023 and
produced for remand on 18/09/2023 itself. As per section 167(2) of
Cr.P.C r/w section 36A (4) of the NDPS Act prescribed period in
reference to above offence is 60 days only. From the office report it is
clear that, the final report/charge-sheet in the present matter was not
filed till 23/11/2023. As such it is clear that, final report/charge-sheet is
not filed within the prescribed period. As such right for default bail is
accrued
in
favour
of
the
applicant/accused.

Therefore,
applicant/accused is entitled for default bail as per section 167(2) of
Cr.P.C.
6.

Considering the above facts and the appreciation of the
material on record Court find that, applicant/accused is entitled for
default bail. Therefore, application deserves to be allowed. Hence, the
following order.
ORDER
1.

NDPS
Bail
Application
No.1036/2023
in
Spl.

LAC/C.R.

No.71/2023 in NDPS RA No.1244/2023, is allowed.
2.

Applicant/accused Sarfaraj Sabirali Khan, be released on bail in
Spl. LAC/C.R. No.71/2023 under section 8(c) r/w section 22(b)
and section 29 of NDPS Act, 1985, registered by Kurla police
NDPS BA No.1036/2023
..4..

in NDPS RA No.1244/2023
station on executing personal bond of Rs.50,000/- only (Rs. Fifty
Thousand only) with one surety in like amount on the following
conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide their respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

Bail Application No.1036/2023 is disposed of accordingly.
(Pronounced in open Court)
Date : 20/12/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
20/12/2023
Transcribed on
:
20/12/2023
Checked on
:
20/12/2023
Signed on
:
20/12/2023
NDPS BA No.1036/2023
..5..

in NDPS RA No.1244/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
21.12.2023
TIME
NAME OF STENOGRAPHER
03.17 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.

20/12/2023
Judgment/order signed by P.O
on
20/12/2023
Judgment/order uploaded on
21/12/2023