Mumbai, April 9, 2025 – In a significant ruling highlighting the importance of timely investigation and adherence to legal procedures, the Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Gr. Bombay, presided over by Additional Sessions Judge K.P. Kshirsagar, granted default bail to an accused, Aftab Sherali Khan, in a case involving serious drug offenses. The order, dated August 11, 2023, was made public on August 18, 2023.

The case, registered as NDPS Bail Application No. 679 of 2023, arose from NDPS Remand Application No. 217 of 2023, connected to Spl. LAC/C.R. No. 163/2023 filed at the Shivaji Nagar police station in Mumbai. Aftab Sherali Khan, a 28-year-old laborer residing in Govandi, Mumbai, was arrested on February 11, 2023, and subsequently remanded to police custody and then judicial custody. He was accused of offenses punishable under sections 8(c) read with 22(b), 22(c), and 29 of the NDPS Act, 1985, along with sections 14-A and 14-B of the Foreigner Act, 1946.

The core of the bail application rested on the argument of default bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.). Advocate Ms. Puja Yadav, representing the applicant, argued that the statutorily mandated period of 180 days from the date of the first remand (February 11, 2023) had already lapsed. Crucially, the final report or charge sheet in the case had not been filed by the prosecution until at least August 11, 2023, as confirmed by the Sessions Department’s report.

The prosecution, represented by learned APP Mr. P.J. Tarange, conceded that the charge sheet had not been filed within the stipulated 180-day period and submitted to the court for an appropriate order.

After considering the arguments and perusing the case records, Additional Sessions Judge K.P. Kshirsagar delivered the oral order. The court noted that the accused was alleged to have committed serious offenses under the NDPS Act. However, it emphasized the crucial aspect of the delayed filing of the charge sheet.

The court explicitly referred to Section 167(2) of the Cr.P.C. read with Section 36A (4) of the NDPS Act, which prescribes a maximum period of 180 days for filing the charge sheet in cases involving the alleged offenses. The court highlighted the undisputed fact, based on the office report, that the final report was not filed within this timeframe. Furthermore, the Investigating Officer had not filed any application seeking an extension of the investigation period.

Based on these observations, the court concluded that the right to default bail had accrued in favor of the applicant/accused. Consequently, the application for default bail was allowed.

The court’s order stipulated the following conditions for the release of Aftab Sherali Khan on bail:

1. He shall be released on executing a personal bond of ₹50,000 (Rupees Fifty Thousand Only) with one surety of a like amount.
2. He shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
3. He shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner.
4. He shall cooperate in the early disposal of the trial.
5. He shall not commit any criminal offense while on bail.
6. He and his surety shall provide their respective mobile numbers and present addresses with proof of residence at the time of executing the bail bond/surety bond.

The court concluded by stating that NDPS Bail Application No. 679/2023 was disposed of accordingly.

This order serves as a reminder of the stringent timelines prescribed under the Cr.P.C. and the NDPS Act for completing investigations and filing charge sheets. The right to default bail is a fundamental safeguard for the liberty of an accused person when the investigating agencies fail to adhere to these timelines. This case underscores the judiciary’s commitment to upholding this right and ensuring that investigations are conducted expeditiously. The implications of this order could be significant, potentially setting a precedent for similar cases where delays in filing charge sheets occur in NDPS-related offenses within the jurisdiction of the Gr. Bombay Special Court.