Mumbai: In a significant legal development, the Special Court for Narcotic Drug and Psychotropic Substances (NDPS) Act, operating within the City Civil & Sessions Court, Greater Bombay, has dismissed the default bail application filed by Raja Muthupayyan Devendra alias Jamal Raja. The 36-year-old accused, a resident of Social Nagar, Dharavi, Mumbai, sought release under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) read with Section 36-A(4) of the NDPS Act, arguing that the investigating agency failed to file the charge sheet within the statutory period. The oral order, pronounced by Additional Sessions Judge (C.R.43) K.P. Kshirsagar on January 16, 2024, concluded that the charge sheet was indeed filed within the stipulated timeframe, thereby negating the grounds for default bail.

The case, identified as Special LAC/C.R. No. 24/2023 by the Sion Police Station, Mumbai, involves offenses punishable under Section 8(c) read with Section 21(c) of the NDPS Act, 1985. Raja Muthupayyan Devendra was apprehended on May 23, 2023, and presented before the Metropolitan Magistrate on the same day. As per the legal provisions for NDPS cases, the investigating agency is typically granted 180 days to file a final report or charge sheet from the date of arrest.

During the arguments, Mr. Gorakh Liman, the learned advocate representing the applicant, contended that the 180-day period expired on November 18, 2023. He highlighted that when the bail application (NDPS BA No. 1015 of 2023) was presented on November 20, 2023, the final report/charge-sheet (Special Case No. 2015/2023) had not yet been formally filed in court. Advocate Liman emphasized that the charge sheet was eventually filed at 2:15 PM on November 20, 2023, which was after the filing of the bail application. He further relied on a ‘roznama’ (daily order sheet) dated November 16, 2023, asserting it showed the final report was returned by the court, suggesting it was not duly filed. To support his argument for default bail, he cited the Supreme Court’s decision in Achpal @ Ramswaroop & Anr., Vs. State of Rajasthan (Criminal Appeal No. 1218/2018).

In response, the learned Additional Public Prosecutor (APP), Mr. Rajput, robustly opposed the application. He argued that the prescribed period for filing the charge sheet was November 17, 2023. The APP presented the ‘roznama’ dated November 16, 2023, which was also part of the applicant’s own submissions, to demonstrate that the final report was, in fact, filed in court on November 16, 2023, before a holiday court. He explained that the court had taken cognizance of the offense against the applicant on that date. Due to the closure of the Sessions Department for Diwali holidays, the charge sheet was returned to the Investigating Officer purely for safe custody, with a clear directive to re-file and register it on the first working day, November 20, 2023. The APP stated that the Investigating Officer complied with this directive, and the report from the Sessions Department corroborated this sequence of events. Therefore, the prosecution maintained that the charge sheet was filed within the stipulated period, rendering the default bail application untenable.

After a comprehensive review of the application, submitted documents, the report from the Sessions Department, and the oral arguments, the court rendered its decision. Judge K.P. Kshirsagar observed that Raja Muthupayyan Devendra was indeed arrested on May 23, 2023, and the 180-day period for the charge sheet filing was pertinent. However, crucially, the court found from the Sessions Department’s report and the Holiday Court’s ‘roznama’ dated November 16, 2023, that the charge sheet had been filed on November 16, 2023, and cognizance had been taken by the court on that very day. The court clarified that the temporary return of the charge sheet to the Investigating Officer was solely for safe custody due to the Diwali holidays and the closure of the Sessions Department, and not because of any non-compliance or incompleteness of the report. The court emphasized that the entire final report was before the Holiday Court on November 16, 2023, and the investigation was complete within the prescribed period. Distinguishing the facts of the present case from the Achpal @ Ramswaroop & Anr. Vs. State of Rajasthan precedent cited by the defense, the court found the circumstances to be different.

Consequently, the court concluded that the final report was filed within the statutory period on November 16, 2023, and the investigation was completed accordingly. The contention by the applicant that the final report was not filed within the prescribed period was deemed to lack substance. The NDPS Bail Application No. 1015/2023 was therefore rejected, and the application disposed of. This decision means Raja Muthupayyan Devendra will remain in custody as the case proceeds under Special Case No. 2015/2023. The judgment was pronounced on January 16, 2024, signed by the Presiding Officer on January 17, 2024, and uploaded on the same date.