NDPS BA No.679/2023
..1..

in NDPS RA No.217/2023
MHCC020119592023
Presented on
: 09-08-2023
Registered on : 10-08-2023
Decided on
: 11-08-2023
Duration
: 02 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.679 OF 2023
IN
NDPS REMAND APPLICATION NO.217 OF 2023
Aftab Sherali Khan
Aged : 28 years, Occ: Laborer,
R/at : Plot No.43, M Line, Room No.27,
Road No.05, Shivaji Nagar, Govandi,
Mumbai-400 043.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of Shivaji Nagar police
station, Mumbai, vide Spl. LAC/C.R.
No.163/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Ms. Puja Yadav, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.679/2023
..2..

in NDPS RA No.217/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 11/08/2023
ORAL ORDER
This is an application taken out by applicant/accused Aftab
Sherali Khan under section 167(2) of Code of Criminal Procedure for
enlarging him on default bail in Spl. LAC/C.R. No.163/2023 registered
at Shivaji Nagar police station, Mumbai for the offences punishable
under section 8(c) r/w section 22(b), section 22(c) and section 29 of
Narcotic Drug and Psychotropic Substances Act, 1985 (hereinafter
referred as “NDPS Act”) and section 14-A and section 14-B of Foreigner
Act, 1946.
2.

Perused the application, documents filed therewith, report
of the Sessions Department, say of the learned APP on application itself.
Heard, arguments advanced by learned Advocate for applicant/accused
and learned APP.
3.

Learned Advocate for applicant/accused argued that, the
applicant/accused was arrested on 11/02/2023 and on same day he
was remanded to police custody and thereafter applicant/accused was
remanded to the judicial custody. The period of 180 days from the date
of first remand is already lapsed. However, as per the report of this
office till 08/08/2023 and 11/08/2023 final report/charge-sheet was
not filed in the present case. Therefore, applicant/accused is entitled for
default bail as per section 167(2) of Cr.P.C. Hence, Ld. Advocate for the
applicant/accused prayed that application be allowed.

NDPS BA No.679/2023
4.

..3..

in NDPS RA No.217/2023
On the other hand, Ld. APP argued that, admittedly, the
charge-sheet/final report is not filed within the prescribed period of 180
days. Therefore, Ld. APP submitted to pass the appropriate order.
5.

From
the
matter
on
record
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 22(b), section 22(c) and section 29 of
NDPS Act, 1985. Admittedly, the applicant/accused was arrested on
11/02/2023 and produced for remand on 11/02/2023 itself. As per
section 167(2) of Cr.P.C r/w section 36A (4) of the NDPS Act prescribed
period in reference to above offence is 180 days only. From the office
report it is clear that, the final report/charge-sheet in the present matter
was not filed till 08/08/2023 and 11/08/2023. As such it is clear that,
final report/charge-sheet is not filed within the prescribed period. Till
date Investigating Officer has not filed application for extension of
period of investigation. AS such right for default bail is accrued in
favour of the applicant/accused. Therefore, applicant/accused is
entitled for default bail as per section 167(2) of Cr.P.C.
6.

Considering the above facts and the appreciation of the
material on record Court find that, applicant/accused is entitled for
default bail. Therefore, application deserves to be allowed. Hence, the
following order.
ORDER
1.

NDPS
Bail
Application
No.679/2023
in
Spl.

LAC/C.R.

No.163/2023 in NDPS RA No.217/2023, is allowed.
2.

Applicant/accused Aftab Sherali Khan, be released on bail in Spl.

NDPS BA No.679/2023
..4..

in NDPS RA No.217/2023
LAC/C.R. No.163/2023 under section 8(c) r/w section 22(b),
section 22(c) and section 29 of NDPS Act, 1985 and section 14-A
and section 14-B of Foreigners Act, 1946, registered by Shivaji
Nagar police station on executing personal bond of Rs.50,000/only (Rs. Fifty thousand only) with one surety in like amount on
the following conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide there respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

Bail Application No.679/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 11/08/2023.

Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date: 2023.08.18
11:23:27 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
11/08/2023
Transcribed on
:
11/08/2023
Checked on
:
14/08/2023
Signed on
:
14/08/2023
NDPS BA No.679/2023
..5..

in NDPS RA No.217/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
18.08.2023
TIME
NAME OF STENOGRAPHER
11.22 a.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
NDPS Spl. Judge (C.R.No.43)
Date of Pronouncement of
Judgment/Order.

11/08/2023
Judgment/order signed by P.O
on
14/08/2023
Judgment/order uploaded on
18/08/2023