Mumbai, September 2, 2023 – In a significant ruling delivered on September 1, 2023, the Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Gr. Bombay, presided over by Additional Sessions Judge (C.R.43) Shri K.P. Kshirsagar, granted default bail to an accused, Bashir Mohammad Saudagar Usman Gani, in connection with a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The order came as a result of the prosecution’s failure to file the final report or charge sheet within the statutorily prescribed period of 60 days from the date of the first remand.
The case, C.R. No. 979/2023, was registered at the Bandra Police Station in Mumbai, alleging offences punishable under Section 8(c) read with Section 22(b) of the NDPS Act. The accused, Bashir Mohammad Saudagar Usman Gani, a 45-year-old resident of Bandra (West), was arrested on June 28, 2023, and subsequently remanded to police custody on the same day. Following this, he was placed under judicial custody.
Advocate Shri Gorakh Liman, representing the applicant/accused, argued for default bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.). He pointed out that the mandatory 60-day period from the date of the first remand had already expired. Crucially, the report from the Sessions Department confirmed that as of September 1, 2023, the final report or charge sheet had not been filed by the investigating agency.
Learned Advocate Shri Liman vehemently contended that this delay in filing the charge sheet entitled his client to default bail as per the provisions of Section 167(2) of the Cr.P.C. He urged the court to allow the application and release his client on bail.
On the other side, the Learned Additional Public Prosecutor (APP) Shri P.J. Tarange, representing the State of Maharashtra, conceded that the charge sheet or final report had indeed not been filed within the stipulated 60-day timeframe. While not explicitly opposing the bail application, the Learned APP submitted to the court’s discretion for passing an appropriate order in light of this admitted delay.
After a careful perusal of the application, the accompanying documents, the Sessions Department’s report, and the submissions from both sides, Additional Sessions Judge Shri Kshirsagar delivered the oral order. The court noted that the accused was alleged to have committed offences under Section 8(c) read with Section 22(b) of the NDPS Act, 1985. The court further acknowledged the undisputed fact that the accused was arrested and produced for remand on June 28, 2023.
Referring to Section 167(2) of the Cr.P.C., read in conjunction with Section 36A (4) of the NDPS Act, the court highlighted that the prescribed period for filing the charge sheet in relation to the alleged offence was 60 days. The court emphasized that the office report clearly indicated the non-filing of the final report or charge sheet until September 1, 2023.
Based on these observations, the court unequivocally stated that the final report or charge sheet was not filed within the legally mandated period. Consequently, the right to default bail had accrued in favor of the applicant/accused, Bashir Mohammad Saudagar Usman Gani, under Section 167(2) of the Cr.P.C.
Considering the aforementioned facts and the assessment of the material on record, the court concluded that the applicant/accused was indeed entitled to default bail. Consequently, the court proceeded to allow the bail application.
The operative part of the order stated:
- NDPS Bail Application No. 761/2023 in C.R. No. 979/2023 in NDPS RA No. 1011/2023 is allowed.
- Applicant/accused Bashir Mohammad Saudagar Usman Gani shall be released on bail in C.R. No. 979/2023 under Section 8(c) read with Section 22(b) of the NDPS Act, 1985, registered by Bandra Police Station, upon executing a personal bond of ₹50,000/- (Rupees Fifty Thousand Only) with one surety of a like amount, subject to the following conditions: (a) The applicant/accused shall cooperate with the Investigating Officer and shall make himself available for interrogation by the concerned Investigating Officer as and when required. (b) The applicant/accused shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner. (c) The applicant/accused shall cooperate in the early disposal of the trial. (d) The applicant/accused shall not commit any criminal offense while on bail. (e) The 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.
- Bail Application No. 761/2023 is disposed of accordingly.
The order was pronounced in open court on September 1, 2023, and subsequently signed and uploaded on September 2, 2023. This ruling underscores the importance of timely investigation and filing of charge sheets by the prosecution and reinforces the statutory right of an accused person to seek default bail in case of such delays. The case serves as a reminder of the judiciary’s commitment to upholding the procedural safeguards enshrined in the Code of Criminal Procedure.