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V. G. ARUN
Vimal K Mohanan – Appellant
Versus
State of Kerala Represented by Public Prosecutor – Respondent
ORDER
The petitioners are accused Nos.6 and 7 in Crime No.1915 of 2021 of Perumbavur Police Station, registered for offences punishable under Sections 20(b)(ii)C, 27A and 29 of the NDPS Act. The crime was registered on the allegation that the accused conspired together and secured possession of 30.200 kg of Ganja by sending the contraband through courier from Andhra Pradesh. The first and second accused were caught while receiving the courier. Based on their statement, the petitioners were implicated and arrested on 18.03.2022. As the investigation was not completed within the statutory time limit of 180 days, the petitioners moved an application for bail under Section 167(2) of the Code of Criminal Procedure. Pending that application, the investigation was completed and the final report filed on 12.09.2022, the 179th day. Thereupon, the petitioners’ application for bail was rejected as per Annexure II order. Aggrieved, this Crl.M.C is filed.
2. Learned Counsel for the petitioners submitted that the final report filed on 12.09.2022 was defective and was kept pending in the Special Court for verification up to 09.11.2022. In the meanwhile, the petitioners had filed an application
Default bail – Criteria for deciding entitlement for default bail is completion of investigation and not filing of final report.
The detention period for statutory bail is computed from the date of remand authorized by the Magistrate, not from the date of arrest.
The completion of the investigation within the statutory period is crucial in determining the entitlement to default bail under the NDPS Act.
The main legal principle established is that the accused is entitled to default bail if the investigation is not completed within the mandated period, as per the legislative intent of section 167(2) ....
The court established that the date of e-filing is the relevant date for determining the filing of a charge sheet under Section 167(2) of the CrPC, reinforcing the principle that personal liberty mus....
The main legal point established in the judgment is the interpretation of the word 'shall' in Section 173(5) CrPC as directory rather than mandatory, and the distinction between 'arrest' and 'custody....
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