Mumbai, October 18, 2023 – In a swift decision, a Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, at Gr. Bombay, today granted default bail to Karim Kazim Sayyed @ Nazeem BD, 28, who was arrested in connection with a drug offense. The court, presided over by Addl. Sessions Judge K.P. Kshirsagar, ruled that the prosecution failed to file a charge-sheet within the stipulated 60-day period, thereby entitling the accused to statutory bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.).

Karim Kazim Sayyed, a resident of Shivaji Nagar, Govandi, was arrested on August 17, 2023, in connection with Spl. LAC/C.R. No. 715/2023 registered at Shivaji Nagar police station. He faces charges under sections 8(c) read with 22(b) and 29 of the NDPS Act, 1985, which typically deal with the possession of psychotropic substances and criminal conspiracy.

Defence Argues for Statutory Bail

Represented by Ld. Adv. Ms. Puja Yadav, the applicant argued that he was arrested on August 17, 2023, and subsequently remanded to judicial custody. Ms. Yadav highlighted that the mandatory period of 60 days from the date of his first remand had already elapsed. Crucially, the court’s own office report confirmed that as of October 16, 2023, no final report or charge-sheet had been filed in the case. Given this lapse, Ms. Yadav contended that Sayyed had an undeniable right to default bail as per Section 167(2) of the Cr.P.C. and Section 36A(4) of the NDPS Act, which specifies the investigative period.

Prosecution Concedes Non-Compliance

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

Court Finds Accused Entitled to Default Bail

After reviewing the application, supporting documents, the Sessions Department’s report, and the arguments from both sides, Judge K.P. Kshirsagar noted that the accused was indeed arrested and remanded on August 17, 2023. The court confirmed that for the alleged offenses under sections 8(c) r/w 22(b) and 29 of the NDPS Act, the prescribed period for filing the charge-sheet is 60 days.

“From the office report it is clear that, the final report/charge-sheet in the present matter was not filed till 16/10/2023. As such it is clear that, final report/charge-sheet is not filed within the prescribed period,” the Judge stated in the oral order.

The court unequivocally concluded that the right to default bail had accrued in favor of Karim Kazim Sayyed, making him entitled to be released under Section 167(2) of the Cr.P.C.

Conditions for Release

Consequently, NDPS Bail Application No. 919/2023 was allowed. Karim Kazim Sayyed @ Nazeem BD will be released on bail upon executing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount, subject to the following conditions:

• The applicant/accused must cooperate with the Investigating Officer and make himself available for interrogation as and when required.
• The applicant/accused shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
• The applicant/accused must cooperate in the early disposal of the trial.
• The applicant/accused shall not commit any criminal offense while on bail.
• The applicant/accused and his surety must provide their respective mobile numbers and present address along with proof of residence at the time of executing the bail/surety bond.

The bail application stands disposed of. The order was pronounced in open court and signed by Judge K.P. Kshirsagar on October 18, 2023. This case serves as a clear reminder of the fundamental right to liberty when investigative agencies fail to complete their procedures within the statutory timeframes.