Mumbai, September 2, 2023 – The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Gr. Bombay, presided over by Additional Sessions Judge K.P. Kshirsagar, has granted default bail to Bashir Mohammad Saudagar Usman Gani, a 45-year-old man arrested in connection with a drug-related case. The order, passed on September 1, 2023, came as the prosecution failed to file the final report or charge sheet within the stipulated 60-day period.

Gani was arrested on June 28, 2023, and subsequently remanded to police and then judicial custody in connection with C.R. No. 979/2023 registered at Bandra Police Station, Mumbai. The charges against him are under section 8(c) read with section 22(b) of the Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act).

The bail application, NDPS Bail Application No. 761 of 2023, was filed by Gani under section 167(2) of the Code of Criminal Procedure, seeking release on default bail. His advocate, Mr. Gorakh Liman, argued that the mandatory period of 60 days from the date of the first remand had already expired on August 27, 2023. As per the report from the Sessions Department, the final report or charge sheet had not been filed in the case until September 1, 2023. Therefore, the defense argued that Gani was entitled to default bail as per the provisions of section 167(2) of the Cr.P.C.

The Learned APP, Mr. P.J. Tarange, representing the prosecution, conceded that the charge sheet or final report had indeed not been filed within the prescribed 60-day period and submitted to the court to pass an appropriate order.

After considering the arguments and the report from the court’s office, Additional Sessions Judge K.P. Kshirsagar acknowledged that Gani was arrested on June 28, 2023, and produced for remand on the same day. Referring to section 167(2) of the Cr.P.C. read with section 36A (4) of the NDPS Act, the court noted that the prescribed period for filing the charge sheet in relation to the alleged offence is 60 days. The court’s record clearly indicated that the final report or charge sheet had not been filed by September 1, 2023.

Based on this, Judge Kshirsagar concluded that the right to default bail had accrued in favor of the applicant, Gani, as the prosecution had failed to adhere to the statutory timeline for filing the charge sheet. Consequently, the court found merit in the application and proceeded to grant default bail.

The court ordered the release of Bashir Mohammad Saudagar Usman Gani on bail in C.R. No. 979/2023, registered under section 8(c) read with section 22(b) of the NDPS Act, 1985, by Bandra Police Station, subject to the following conditions:

1. He shall execute a personal bond of ₹50,000/- (Rupees Fifty Thousand only).
2. He shall provide one surety in the like amount.
3. He shall co-operate with the Investigating Officer and shall make himself available for interrogation as and when required.
4. He shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner.
5. He shall co-operate in the early disposal of the trial.
6. He shall not commit any criminal offence while on bail.
7. He and his surety shall provide their respective mobile numbers and present address along with proof of residence at the time of executing the bail bond and surety bond.

The bail application was accordingly disposed of. The order was pronounced in open court on September 1, 2023, and the certified copy was made available on September 2, 2023. This case highlights the importance of timely completion of investigations and the legal right of an accused person to seek default bail if the investigating agency fails to file the charge sheet within the stipulated period.