Punjab and Haryana High Court Grants Default Bail to Accused in NDPS Case due to Investigating Agency's Default

Chandigarh, May 22, 2023: In a significant development, the Punjab and Haryana High Court, presided by Justice Jasjit Singh Bedi, has granted default bail to the accused in a Narcotic Drugs and Psychotropic Substances (NDPS) case. The order was passed in Criminal Revision Petition No. 1850 of 2022 (O&M) on May 22, 2023.

The case involved the petitioner, Rajpal alias Billu, who was charged under Sections 20 and 25 of the NDPS Act, 1985. The petitioner had filed an application for default bail under Section 167(2) of the Criminal Procedure Code (Cr.P.C.) after his previous application was dismissed. The dismissal was based on the extension of the period for the presentation of the challan (charge sheet) by the investigating agency.

According to the facts presented in the judgment, the police received secret information regarding the transportation of a heavy quantity of charas by the accused and two others in a black Tata Harrier car. Upon intercepting the vehicle, two individuals were arrested, and a significant amount of charas was recovered. The petitioner was identified as Rajpal alias Billu, while the other individual managed to escape.

The petitioner's arrest took place on February 13, 2022, and the period of 180 days for presenting the charge sheet was set to expire on August 11, 2022. The investigating officer sought an extension for the presentation of the charge sheet, which was granted for an additional 90 days. However, the High Court, in a separate case (CRR-1907-2022), had recently set aside the order granting the extension.

During the hearing, the petitioner's counsel argued that since the extension order had been declared invalid, the petitioner was entitled to default bail under Section 167(2) of the Cr.P.C. The State counsel did not dispute this contention.

Justice Jasjit Singh Bedi, while referring to the relevant provisions of law, including Section 36A(4) of the NDPS Act and Section 167(2) proviso (a) of the Cr.P.C., observed that an accused has an indefeasible right to be released on bail if the investigating agency fails to complete the investigation and file the charge sheet within the prescribed period. In light of the High Court's decision to set aside the extension order, the further detention of the petitioner would be in violation of the statutory provisions.

Accordingly, the High Court allowed the revision petition and set aside the order of the Additional Sessions Judge, Fatehabad, which had dismissed the petitioner's application for default bail. The Court ordered the release of the petitioner on bail to the satisfaction of the Trial Court or Duty Magistrate concerned.

As part of the bail conditions, the petitioner is required to appear before the police station concerned on the first Monday of every month and provide written confirmation that he is not involved in any other criminal activity. Additionally, the petitioner or someone on his behalf must prepare a fixed deposit receipt (FDR) of Rs.1,00,000/-, to be deposited with the Trial Court. Failure to comply with the bail conditions may result in the forfeiture of the deposited amount.

The judgment reaffirms the importance of the accused's right to default bail in cases where the investigating agency fails to complete the investigation and present the charge sheet within the stipulated period. The ruling highlights the need for timely completion of investigations to safeguard the fundamental rights of the accused.

Decided on: 22.05.2023

Rajpal @ Billu vs State of Haryana