Mumbai, Maharashtra – On January 9, 2024, the Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, in Greater Bombay, rejected the default bail application (NDPS BA No. 938/2023) filed by Ms. Shikha Munna Shukla. Shukla, aged 25, was seeking bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) read with Section 36A(4) of the NDPS Act in connection with F.No.NCB/MZU/C.R.06/2023, registered at the NCB Zonal Unit, Mumbai. The charges against her include offenses punishable under sections 8(c) read with 22(c), 23(c), 27A, 28, and 29 of the NDPS Act.

The Applicant’s Plea for Default Bail

Ms. Shukla, through her learned advocate Mr. Rohit Upadhyay, contended that she was apprehended on April 21, 2023, and produced before the Additional Chief Metropolitan Magistrate Court on April 22, 2023. Her primary argument for default bail was that the stipulated period of 180 days for filing the complaint/final report had expired on October 17, 2023, and the report had not been filed until October 20, 2023. Furthermore, the defense argued that the complaint/final report, being unaccompanied by a Chemical Analyzer (CA) report, rendered it an incomplete charge-sheet, thereby entitling the applicant to default bail.

Prosecution’s Stance and Court’s Decision

Ms. Geeta Nayyar, the learned Special Public Prosecutor (SPP) representing the Union of India (through the Intelligence Officer, Narcotics Control Bureau), strongly opposed the bail application. She asserted that the complaint/final report was filed on October 16, 2023, which was well within the 180-day stipulated period, specifically on the 178th day.

The SPP also cited established legal precedent, stating that a final report/charge-sheet without a CA report is still considered a complete charge-sheet.

Judicial Reasoning and Precedent

Additional Sessions Judge K.P. Kshirsagar, after reviewing the application, submitted documents, and hearing arguments from both sides, concurred with the prosecution. The court noted that the applicant was apprehended on April 21, 2023, and the complaint/final report was indeed filed on October 16, 2023, within the permissible 180-day timeframe.

Crucially, the court took judicial notice of the judgment in Manas Krishna T. K. Vs. State & Anr., delivered by the Hon’ble Division Bench of the Bombay High Court. This judgment unequivocally held that:

“In NDPS case a police report containing the details prescribed under section 173(2) of Cr.P.C is a complete police report or a charge-sheet or a challan even if it is unaccompanied by a CA/FSL report. If such police report is filed within the stipulated period under section 167(2) of Cr.P.C r/w section 36-A(4) of the NDPS Act, the accused cannot insist upon a default bail.”

Conclusion of the Court

Based on the timely filing of the complaint/final report and the established legal position that a charge-sheet is complete even without a CA report, the Special Court found no merit in Ms. Shukla’s contention for default bail.

Consequently, the court issued an order rejecting NDPS Bail Application No. 938/2023, thereby disposing of the application.