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No Default Bail If Statutory Period To Complete Investigation Extended U/S 36A(4) NDPS Act Before Expiry Of 180 Days: Andhra Pradesh HC
Jagriti Sanghi
24 March 2022 1:30 PM GMT
The Andhra Pradesh High Court recently laid down that if investigation in illegal possession of commercial quantity of ganja is pending beyond the statutory limit of 180 days by virtue of extension granted under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) well in advance, then default bail under Section 167(2) CrPC cannot be granted."As...
The Andhra Pradesh High Court recently laid down that if investigation in illegal possession of commercial quantity of ganja is pending beyond the statutory limit of 180 days by virtue of extension granted under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) well in advance, then default bail under Section 167(2) CrPC cannot be granted.
"As per the provisions of the NDPS Act, the investigation has to be completed within 180 days from the date of arrest of the accused. The said period would expire by 11.12.2021. However, the record reveals that the prosecution has filed an application for extension of period for completion of investigation under Section 36A(4) of the NDPS Act well in advance before expiry of 180 days i.e. on 22.11.2021. The said petition was allowed by the Court and the period of time for completion of investigation was extended by another 180 days. Therefore, considering the fact that the time for completion of investigation was extended under Section 36A(4) of the NDPS Act, the lower Court has rightly dismissed the petition filed by the petitioner for grant of default bail under Section 167(2) Cr.P.C.," the Court observed in the present case.
A case under Sections 420, 468 of Indian Penal Code dealing with cheating and dishonestly inducing delivery of property and forgery respectively read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) was registered against Petitioner.
The Criminal Petition was filed under Section 439 of the Code of Criminal Procedure to enlarge the Petitioner on bail who is one of the Accused.
It is the case of the prosecution that the petitioner and another accused were transporting 200kgs of ganja in two auto rickshaws and they were apprehended by the police and the contraband was seized from their possession. 100 kgs of ganja was found in one auto rickshaw in which the petitioner was travelling. Therefore, it was stated that the petitioner with other accused had committed the offence.
The Petitioner submitted that he was arrested on 14.06.2021 and the stipulated period of 180 days for completion of investigation was expired by 11.12.2021 and the investigation was not completed within the said statutory period of time. Therefore, the petitioner had filed an application under Section 167(2) Criminal Procedure Code for grant of default bail and in the meanwhile, prosecution had filed an application under Section 36A (4) of the NDPS Act for extension of period of investigation and the lower Court allowed the period of investigation and dismissed the petition filed by the petitioner for default bail.
The Additional Public Prosecutor opposed the criminal petition and submitted that the Petitioner was found in possession of commercial quantity and the bar to grant bail under Section 37 of the NDPS Act applied to present facts of the case. He also submitted that even before the expiry of 180 days of period of time for completion of investigation, the prosecution had filed petition for extension of period for completion of investigation.
The court observed that there was absolutely nothing on record to indicate that the petitioner was not guilty of committing the said offence. Since the petitioner was found with the illegal possession of 100kgs of ganja at the time was apprehended, the accusation made against the petitioner was prima facie well founded.
The court noted that the investigation in the case was still pending and huge quantity of ganja was found in illegal possession, therefore, the petitioner's demand for bail was rightly rejected.
Hence, the Criminal petition was dismissed by the Court.
Case Title : M. Mohanraj Versus The State Of Andhra Pradesh
Citation: 2022 LiveLaw (AP) 32
