Mumbai, August 14, 2023 (Gr. Bombay Special Court): The Special Court for Narcotic Drug and Psychotropic Substances (NDPS) Act, 1985, at Gr. Bombay, presided over by Additional Sessions Judge K.P. Kshirsagar (C.R.43), has granted default bail to Ease Sunday Obi, a 40-year-old Nigerian national, who was arrested in connection with a drug trafficking case.

The order, dated August 14, 2023, addressed NDPS Bail Application No. 696 of 2023, filed by Obi under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) in relation to NDPS Remand Application No. 217 of 2023. Obi was booked under section 8(c) read with sections 22(b), 22(c), and 29 of the NDPS Act, 1985, and sections 14-A and 14-B of the Foreigners Act, 1946, at the Shivaji Nagar police station in Mumbai (Spl. LAC/C.R. No. 163/2023).

Applicant’s Plea for Default Bail:

Advocate Mr. Bhandary, representing the applicant, argued that Obi was arrested on February 11, 2023, and remanded to police custody on the same day, followed by judicial custody. He submitted that the statutory period of 180 days from the date of the first remand had already lapsed on August 10, 2023. The advocate pointed to the report from the court office, which confirmed that as of August 14, 2023, the final report/charge sheet had not been filed in the case. Therefore, the applicant was entitled to default bail under Section 167(2) of the Cr.P.C.

Prosecution’s Admission:

The learned APP, Mr. P.J. Tarange, representing the State, conceded that the charge sheet/final report had not been filed within the prescribed period of 180 days. He submitted to the court’s discretion for passing an appropriate order.

Court’s Observations and Decision:

Additional Sessions Judge K.P. Kshirsagar noted that the applicant was accused of offenses punishable under various sections of the NDPS Act. He acknowledged that Obi was arrested and produced for remand on February 11, 2023. Referring to Section 167(2) of the Cr.P.C. read with Section 36A(4) of the NDPS Act, the court stated that the prescribed period for filing the charge sheet in such cases is 180 days.

The court emphasized the clear finding from the office report that the final report/charge sheet had not been filed until August 14, 2023, which was beyond the 180-day period. The court also noted that the Investigating Officer had not filed any application for an extension of the investigation period. Consequently, the court held that the right to default bail had accrued in favor of the applicant under Section 167(2) of the Cr.P.C.

Considering the aforementioned facts and the material on record, the court found that the applicant was indeed entitled to default bail, leading to the allowance of the application.

The Order:

The Special NDPS Court, Gr. Bombay, passed the following order:

1. NDPS Bail Application No. 696/2023 is allowed.
2. Applicant/Accused No. 4 Ease Sunday Obi shall be released on bail in Spl. LAC/C.R. No. 163/2023 for offences under section 8(c) r/w section 22(b), section 22(c), and section 29 of the NDPS Act, 1985, and sections 14-A and 14-B of the Foreigners Act, 1946, registered by Shivaji Nagar police station, upon executing a personal bond of ₹50,000/- (Rupees Fifty Thousand only) with one surety in the like amount, subject to the following conditions:
   • The applicant/accused shall cooperate with the Investigating Officer and shall make himself available for interrogation as and when required.
   • The applicant/accused shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner.
   • The applicant/accused shall 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 shall provide their respective mobile numbers and present address with proof of residence at the time of executing the bail bond/surety bond.
3. Bail Application No. 696/2023 is disposed of accordingly.

The grant of default bail to Ease Sunday Obi underscores the importance of adhering to the statutory timelines for filing charge sheets in criminal cases. The court’s decision reaffirms an accused’s fundamental right to liberty when the investigation agency fails to complete its task within the prescribed period and does not seek an extension.