[NDPS Case] Mumbai court rejects default bail plea of Sushant Singh Rajput's roommate Siddharth Pithani

A Special Court in Mumbai refused default bail to Siddharth Pithani, former roommate of Bollywood actor late Sushant Singh Rajput in the case registered under Narcotic Drugs and Psychotropic Substances (NDPS) Act after Rajput's death (Siddharth Venkata Ramana Murthy v. State of Maharashtra). .In the application filed under Section 167(2) of the Code of Criminal Procedure, Pithani stated that he was produced before the Metropolitan Magistrate at Hyderabad on May 26, 2021 and has been in judicial custody since June 4, 2021. .Advocate Tareq Sayed appearing on Pithani's behalf, relied upon the Bombay High Court judgment in the case of Rhea Chakraborty arising from the same FIR as Pithani's. In that judgment, the Court had made observations about the non-applicability of Section 27A in the case.Hence, the Investigation Officer ought to have filed the chargesheet within a period of 60 days as per provisions of Code of Criminal Procedure. His contention was that Pithani was arrested and first produced on Mau 26 and the period of 60 days expired on July 25, 2021. "The prosecution has not filed the charge-sheet within the statutory period, so, the accused is entitled to be released on statutory bail," Sayed argued. .Special Public Prosecutor Advait Sethna appearing for Narcotics Control Bureau (NCB), informed the Court that an application on the merits of the case had already been rejected by the special NDPS court in August 2021. He argued that the special court had considered the points contended by Sayed pertaining to the applicability of Section 27A and inadmissibility of statements under Section 67 of the NDPS Act when hearing the regular bail plea and rejecting it. .After hearing both sides, Special Judge DB Mane noted that for crimes registered under Section 27A of the NDPS Act, the provisions of Section 36A would be applicable. Under 36A the time period of 90 days (for filing of chargesheet) is to be construed as 180 days. Judge Mane deduced that statutory period of 180 days was yet to be completed and, therefore, rejected Pithani's statutory bail application. .Pithani, a prime suspect in the case, had been absconding for long. He was staying in the same flat as Rajput and was one of the first persons to see Rajput dead.He had been summoned thrice before he was finally nabbed from Hyderabad on May 26, 2021..Pithani was the charged for offences punishable under Sections 8(c), 20(b)(ii), 22, 27A, 28, 29 and 30 of the NDPS Act.After obtaining a transit warrant from a Hyderabad court, Pithani was produced before the Chief Metropolitan Magistrate at Esplanade, Mumbai who remanded him to police custody and to judicial custody.Pithani was granted temporary bail for a period of 15 days in June to attend his wedding..[Read Order]