Mumbai – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Mumbai, on October 18, 2023, granted default bail to Sharib Mohd. Saeed Qureshi, an accused in a drug-related case, after the police failed to file the charge-sheet within the mandatory 60-day period.

Sharib Mohd. Saeed Qureshi, 25, residing in Deonar, Govandi, Mumbai, had been arrested on August 16, 2023. He faces charges under Section 8(c) of the NDPS Act (prohibiting the production, possession, sale, purchase, transport, etc., of narcotic drugs and psychotropic substances) read with Section 22(b) (punishment for contravention involving quantity lesser than commercial but greater than small quantity) and Section 29 (criminal conspiracy).

This legal provision, enshrined in Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) read with Section 36A(4) of the NDPS Act, grants an accused the ‘indefeasible right’ to bail if the investigating agency fails to complete its probe and file a charge-sheet within a stipulated timeframe. For offenses falling under Section 22(b) of the NDPS Act, the prescribed period is 60 days.

Qureshi’s advocate, Ms. Puja Yadav, argued that since her client was arrested on August 16, 2023, the 60-day period for filing the charge-sheet expired on October 16, 2023. A report from the court’s Sessions Department confirmed that the final report or charge-sheet had indeed not been filed by this crucial deadline.

Significantly, the Special Public Prosecutor, Mr. P.J. Tarange, representing the State, “admittedly” conceded before the court that the charge-sheet had not been filed within the prescribed 60-day period and submitted for an appropriate order.

Additional Sessions Judge K.P. Kshirsagar, presiding over the matter, affirmed that since the charge-sheet was not filed within the legally mandated period, the “right for default bail is accrued in favour of the applicant/accused.”

Consequently, the court allowed Sharib Mohd. Saeed Qureshi to be released on bail upon executing a personal bond of Rs. 50,000 with one surety of a like amount. He was also directed to cooperate with the Investigating Officer, make himself available for interrogation as required, not tamper with prosecution evidence or influence witnesses, cooperate in the early disposal of the trial, and refrain from committing any criminal offense while on bail. He and his surety are also required to provide their mobile numbers and present addresses.