NDPS BA No.761/2023
..1..

in NDPS RA No.1011/2023
MHCC020132232023
Presented on
: 01-09-2023
Registered on : 01-09-2023
Decided on
: 01-09-2023
Duration
: 00 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.761 OF 2023
IN
NDPS REMAND APPLICATION NO.1011 OF 2023
Bashir Mohammad Saudagar Usman
Gani
Aged : 45 years, Occ: Nil
R/at : Room No.22, Lalmitti Zopadpatti,
Nargis Dutt Nagar, K.C. Road, Bandra
West, Mumbai-400 050.

)
)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
)
(At the instance of Bandra police station, )
Mumbai, vide C.R. No.979/2023).
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Gorakh Liman, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.761/2023
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in NDPS RA No.1011/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 01/09/2023
ORAL ORDER
This is an application taken out by applicant/accused
Bashir Mohammad Saudagar Usman Gani under section 167(2) of Code
of Criminal Procedure for enlarging him on default bail in C.R.
No.979/2023 registered at Bandra police station, Mumbai for the
offences punishable under section 8(c) r/w section 22(b) of Narcotic
Drug and Psychotropic Substances Act, 1985 (hereinafter referred as
“NDPS Act”).
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 28/06/2023 and on same day he
was remanded to police custody and thereafter applicant/accused was
remanded to the judicial custody. The period of 60 days from the date
of first remand is already lapsed. However, as per the report of this
office till 01/09/2023 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
applicant/accused prayed that application be allowed.

for
the
NDPS BA No.761/2023
4.

..3..

in NDPS RA No.1011/2023
On the other hand, Ld. APP argued that, admittedly, the
charge-sheet/final report is not filed within the prescribed period of 60
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) of NDPS Act, 1985. Admittedly,
the applicant/accused was arrested on 28/06/2023 and produced for
remand on 28/06/2023 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 60 days only. From the office report it is clear that, the final
report/charge-sheet in the present matter was not filed till 01/09/2023.
As such it is clear that, final report/charge-sheet is not filed within the
prescribed period. 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.761/2023 in C.R. No.979/2023 in
NDPS RA No.1011/2023, is allowed.

2.

Applicant/accused Bashir Mohammad Saudagar Usman Gani, be
released on bail in C.R. No.979/2023 under section 8(c) r/w
section 22(b) of NDPS Act, 1985, registered by Bandra police
station on executing personal bond of Rs.50,000/- only (Rs. Fifty
NDPS BA No.761/2023
..4..

in NDPS RA No.1011/2023
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.761/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 01/09/2023.

Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date: 2023.09.02
14:30:40 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
01/09/2023
Transcribed on
:
01/09/2023
Checked on
:
02/09/2023
Signed on
:
02/09/2023
NDPS BA No.761/2023
..5..

in NDPS RA No.1011/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
02.09.2023
TIME
NAME OF STENOGRAPHER
02.28 p.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.

01/09/2023
Judgment/order signed by P.O
on
02/09/2023
Judgment/order uploaded on
02/09/2023