Mumbai | 21 November 2023: A Special NDPS Court in Mumbai has granted default bail to Salum Mwesa Ali, a 37-year-old resident of Navi Mumbai, after the prosecution failed to file a chargesheet within the statutory 60-day period following his arrest in a drug-related case. The order was passed by Special Judge Shri R. R. Bhagwat (C.R. No.44) on 20 November 2023, in Bail Application No. 966 of 2023, linked to C.R. No. 95/2023 registered at Pydhonie Police Station.

Salum Mwesa Ali was arrested on 31 August 2023 by officers of Pydhonie Police Station for the alleged possession of 12 grams of cocaine, which falls under the category of intermediate quantity under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. He was booked under Sections 8(c) read with 21(b) of the Act, which attracts a punishment of up to ten years imprisonment.

Advocate Mr. Gorakh Liman, appearing on behalf of the accused, argued that the mandatory 60-day period prescribed under Section 167(2)(i) of the Criminal Procedure Code (CrPC) for filing the chargesheet had lapsed on 29 October 2023. The bail application was filed on 30 October 2023, and court records (including CIS and registry) confirmed that no chargesheet had been filed until that date. It was submitted that the accused had acquired an indefeasible right to be released on default bail.

The prosecution, represented by APP Mr. Shankar Erande, opposed the bail plea. However, the court noted that the accused’s right to default bail was absolute once the chargesheet was not filed within the stipulated period. The court emphasized that procedural law provides such a right to prevent prolonged incarceration without formal accusation, and it cannot be denied once legally triggered.

Taking note of these legal principles, the court allowed the bail application and directed that Salum Mwesa Ali be released on a personal bond of ₹50,000 with one or more sureties of like amount. The court also imposed several conditions to ensure the accused’s cooperation with the investigation and to prevent any misuse of liberty.

As part of the bail conditions, the accused is required to:

• Appear at Pydhonie Police Station every Friday between 11:00 AM and 2:00 PM for investigation purposes until the chargesheet is filed.
• Provide his mobile number, residential address, and the contact details of two relatives, including their phone numbers and addresses.
• Submit proof of identity and residence at the time of executing the bail bond.
• Not tamper with evidence or influence prosecution witnesses in any way.
• Not commit a similar offence while on bail and cooperate in the early disposal of the trial.

The order was dictated, signed, and pronounced on 20 November 2023, and uploaded the following day. The stenographer on record was Mrs. S. W. Tuscano, and the certified copy of the judgment was made available through the Mumbai City Civil & Sessions Court digital system.

This ruling once again highlights the judiciary’s firm stance on upholding procedural safeguards under criminal law, particularly the right to default bail under Section 167(2) CrPC, even in NDPS cases involving intermediate quantities.