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KARDAK ETE
Bhaben Bora Son of Shri Ganeswar Bora – Appellant
Versus
State of AP represented by the PP of AP – Respondent
ORDER :
Heard Mr. P. Taffo, learned counsel for the applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State.
2. This is an application under Section 483 of BNSS 2023 praying for grant of bail to the accused, namely, Smti Deepika Borah in connection with Niti Vihar P.S. case No. 23/2024 under Section 21(b)/27A of NDPS Act, 1985.
3. The case leading to filing of this bail application is that on 13.07.2024, a written complaint was filed by Inspector Niti Vihar Police Station before the Niti Vihar Police Station, Itanagar, Arunachal Pradesh stating that one person suspected to be drug-peddler was in possession of drugs and roaming around at Niti Vihar area. The search and seizure were made in the rented house of the present accused.
4. The accused was arrested on 13.07.2024, from her rented house on the allegation that 14.70 grams of suspected heroin was seized from her. After the arrest of the accused on 13.07.2024, she was produced on 14.07.2024, and accordingly, remanded to police custody on the same day. The accused now is in judicial custody, since then.
5. Upon receipt of the above FIR, Niti Vihar P.S Case No.23/2024 was registered under Section 21(b)/27A
Accused entitled to default bail after 180 days of custody without chargesheet, enforceable despite pending applications.
The statutory period for default bail under the BNSS is 90 days for serious offences, and bail was denied due to ongoing investigation and serious allegations.
Prolonged pre-trial detention can justify bail despite statutory restrictions, emphasizing the right to personal liberty and speedy trial.
The right to default bail under Section 167(2) Cr.P.C. does not arise if a court has lawfully extended the investigation period under Section 36A(4) of the NDPS Act before the statutory deadline.
Bail can be granted to women under NDPS provisions when charges do not involve commercial quantities and sufficient conditions are set to ensure judicial process integrity.
The court ruled that the applicant is entitled to bail as the quantity of contraband does not meet the threshold for commercial quantity, and pre-trial punishment is prohibited.
The court held that under Section 167(2) CrPC, the remand period must exclude the initial remand date for the entitlement to default bail, recognizing the need for prompt trials to prevent unjust det....
Accused is entitled to bail after lengthy custody and minimal progress in trial, emphasizing right to speedy trial under Article 21.
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