High Court Grants Default Bail in NDPS Case Due to Incomplete Investigation: Violation of Section 36-A(4) of NDPS Act

In a significant ruling, the High Court of Punjab and Haryana has granted default bail to a petitioner in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case. The court held that the investigation remained incomplete within the prescribed period, thus entitling the accused to default bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.).

The Hon’ble Mrs. Justice Manjari Nehru Kaul, while delivering the judgment on June 6, 2023, stated, “If on the expiry of the prescribed period of 180 days, investigation is still incomplete, an indefeasible right would accrue in favor of the accused under Section 167(2) Cr.P.C.”

The case revolved around the petitioner, Chander Prakash, who challenged the order passed by the Additional Sessions Judge, Sonipat. The petitioner argued that the challan had been presented without the Forensic Science Laboratory (FSL) report within the stipulated period. As a result, the statutory period for completing the investigation had expired.

The court further emphasized that in NDPS Act cases, the FSL report is crucial as it helps determine the nature of the recovered substance. The absence of the FSL report rendered the challan incomplete, and the petitioner was entitled to default bail.

Highlighting the violation of Section 36-A(4) of the NDPS Act, the court noted, “The provisions of Section 36-A(4) of the NDPS Act insofar as the requirement of a report being made by the Public Prosecutor for an extension of time is concerned, are mandatory in nature.”

The judgment underlined the importance of the report from the Public Prosecutor for seeking an extension of time, which was not fulfilled in this case. The court found that the extension of time granted by the lower court lacked a report from the Public Prosecutor, rendering it invalid.

The court ordered the petitioner’s release on bail, clarifying that the judgment did not express any opinion on the merits of the case.

This ruling reaffirms the rights of the accused and underscores the necessity for strict compliance with procedural requirements, ensuring a fair and just legal process in NDPS Act cases.

Date of decision: 6^th June, 2023

Chander Prakash vs State of Haryana