Mumbai, Maharashtra – September 29, 2023 – In a decision highlighting the importance of timely investigation and filing of charge sheets, the Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Greater Bombay, presided over by Additional Sessions Judge Shri K.P. Kshirsagar (C.R. 43), granted default bail to Fariq Rehmatulla Shaikh. Shaikh was arrested in connection with Spl. LAC/C.R. No. 356/2023, registered at the Kurla police station, for offences punishable under sections 8(c) read with 21(b) and 29 of the NDPS Act.

The bail application, filed under Section 167(2) of the Code of Criminal Procedure, sought default bail for Shaikh on the grounds that the investigating agency had failed to file the final report or charge sheet within the statutorily prescribed period of 60 days from the date of his first remand.

According to the court records, Fariq Rehmatulla Shaikh was arrested on July 29, 2023, and remanded to police custody on the same day, followed by judicial custody. Advocate Mr. Gorakh Liman, representing the applicant, argued that the 60-day period from the initial remand had already elapsed by September 27, 2023, and as per the report from the Sessions Department, the final report or charge sheet had not yet been filed. Consequently, Advocate Liman asserted that his client was entitled to default bail under Section 167(2) of the Cr.P.C.

The prosecution, represented by Ld. APP Mr. P.J. Tarange, conceded to the fact that the charge sheet had not been filed within the stipulated 60-day timeframe and submitted to the court’s appropriate order.

After reviewing the application, accompanying documents, the Sessions Department’s report, and the submissions from both sides, Judge Kshirsagar acknowledged the prosecution’s admission. The court noted that Shaikh was arrested and produced for remand on July 29, 2023. Citing Section 167(2) of the Cr.P.C. read with Section 36A (4) of the NDPS Act, the court affirmed that the prescribed period for filing the charge sheet in this case was indeed 60 days.

The court’s office report clearly indicated that the final report or charge sheet had not been filed until September 27, 2023. Based on this, Judge Kshirsagar concluded that the investigating agency had failed to meet the statutory deadline, and therefore, the right to default bail had accrued in favor of the applicant, Fariq Rehmatulla Shaikh, under Section 167(2) of the Cr.P.C.

In his oral order, Judge Kshirsagar stated that considering the aforementioned facts and the material on record, the court found the applicant entitled to default bail, and thus, the application deserved to be allowed.

The court then issued the following order:

1. NDPS Bail Application No. 850/2023 in Spl. LAC/C.R. No. 356/2023 in NDPS RA No. 963/2023 is allowed.
2. Applicant/accused Fariq Rehmatulla Shaikh is to be released on bail in Spl. LAC/C.R. No. 356/2023 under section 8(c) r/w section 21(b) and section 29 of the NDPS Act, 1985, registered by Kurla police station, upon executing a personal bond of ₹50,000/- (Rupees Fifty Thousand Only) with one surety of a like amount or by depositing a cash bail of ₹50,000/- (Rupees Fifty Thousand Only), subject to the following conditions:
   • The applicant/accused shall cooperate with the Investigating Officer and shall make himself available for interrogation as and when required.
   • The applicant/accused shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner.
   • The applicant/accused shall cooperate in the early disposal of the trial.
   • The applicant/accused shall not commit any criminal offence while on bail.
   • The applicant/accused 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.
3. Bail Application No. 850/2023 is disposed of accordingly.

The order was pronounced in open court on September 29, 2023, and subsequently signed and uploaded on September 30, 2023.

This case serves as a reminder of the crucial timelines mandated by law for the completion of investigations and the filing of charge sheets. The granting of default bail underscores the fundamental right of an accused person to be released if the investigating agency fails to adhere to these timelines, regardless of the nature of the alleged offence. It emphasizes the judiciary’s commitment to upholding procedural safeguards enshrined in the Code of Criminal Procedure and the NDPS Act.