Accused Saifulla Allahbash Khan in NDPS Case Granted Default Bail by Mumbai Special Court

Mumbai: A Special Judge for Narcotic Drug and Psychotropic Substances Act (NDPS) cases at Greater Mumbai, K.P. Kshirsagar (C.R.43), has granted default bail to Saifulla Allahbash Khan, 47, in an NDPS case where the police failed to file a charge-sheet within the stipulated 60-day period. The order was pronounced on October 25, 2023, securing Khan’s release on a personal bond of Rs. 50,000/- with one surety of the like amount.

Khan, a resident of Andheri (West), Mumbai, was arrested on August 16, 2023, in connection with Spl. LAC/C.R. No. 511/2023 registered at D.N. Nagar police station. He faces charges under Sections 8(c) read with 22(b) and 29 of the NDPS Act, 1985.

Grounds for Default Bail

Ld. Adv. Mr. Akib Akil Chogle, representing Saifulla Allahbash Khan, argued that his client was arrested and first remanded on August 16, 2023. He pointed out that the statutory period of 60 days for filing a final report or charge-sheet, as prescribed under Section 167(2) of the Code of Criminal Procedure read with Section 36A(4) of the NDPS Act, had already lapsed by October 16, 2023. As confirmed by the court’s own office report, no charge-sheet had been filed by that date. Therefore, Mr. Chogle contended that Khan had an indefeasible right to default bail.

Ld. APP Mr. P.J. Tarange, representing the prosecution, admitted that the charge-sheet/final report was indeed not filed within the prescribed 60-day period. He submitted to the court to pass an appropriate order based on this admission.

Court’s Decision and Conditions

Upon reviewing the application, documents, and the office report, the court affirmed that the applicant was arrested on August 16, 2023, and that the prescribed period for filing the charge-sheet for the alleged offenses (under Section 8(c) r/w Section 22(b) and Section 29 of the NDPS Act) is 60 days. Since the charge-sheet was not filed by October 16, 2023, the court concluded that the right to default bail had accrued in favor of Saifulla Allahbash Khan.

The court found that Khan was entitled to default bail and allowed the application. He will be released on a personal bond of Rs. 50,000/- with one surety of the like amount, subject to the following conditions:

Cooperation with Investigation: He shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
No Tampering: He shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
Trial Cooperation: He shall cooperate in the early disposal of the trial.
No Further Offenses: He shall not commit any criminal offense while on bail.
Contact Information: He and his surety shall provide their respective mobile numbers, present addresses, and proof of residence at the time of executing the bail bond/surety bond.

The bail application, NDPS BA No. 922/2023, was disposed of accordingly. The order was signed on October 25, 2023, and uploaded on October 26, 2023.