IMPORTANT POINT
The principle of extending statutory deadlines due to holidays does not apply to bail provisions, entitling the accused to release if the final report is not filed within the stipulated time.

ORDER :

1. Can the principle of section 10 of the General Clauses Act, 1897 (for short ‘the GC Act’) be applied to section 187(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')? The aforesaid question arises for consideration in this case.

2. Petitioner is the accused in Crime No.48 of 2024 of Excise Enforcement and Anti-Narcotic Special Squad, Thrissur. The prosecution alleges that on 16.10.2024, petitioner was found transporting 25.233 Kg of ganja in a vehicle and thereby the accused committed the offences under sections 20(b)(ii)(C), 29 and 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). Petitioner was arrested on the same day and he was continuing in custody until 10.06.2025, when this Court granted an interim bail considering the question of law raised for consideration. Since the issue arises in relation to a crime registered alleging possession of commercial quantities of a narcotic drug, section 187 of BNSS has to be read along with section 36A(4) of the NDPS Act.

3. Smt. V.A. Haritha, the learned counsel for the petitioner submitted that, the final report in Crime No.48 of 2024 ought to have been filed by 13.04.2025, considering that petitioner was arrested on 16.10.2024, for the purpose of continuing the custody beyond 180 days as per section 187(3) of BNSS read with section 36A(4) of NDPS Act. However the final report was filed only on 15.04.2025 and by virtue of the said provision, petitioner has obtained a right to be released on statutory bail.

4. Sri. K.A. Noushad, the learned Public Prosecutor on the other hand submitted that, though 13.04.2025 was the last date on which the final report should have been filed for continuing the remand, since the said date was a Sunday and 14.04.2025 was a public holiday due to Vishu, the final report was filed only on 15.04.2025. According to the learned Public Prosecutor, by virtue of section 10 of the GC Act, the date on which the final report should have been filed being a holiday, the same will stand extended till the next working day and hence the final report has been filed within time, and therefore the petitioner cannot claim the benefit of statutory bail.

5. I have considered the rival contentions.

6. Section 187 of BNSS deals with the procedure when investigation into a crime cannot be completed within twenty-four hours. Though there is a minor change in the concept from section 167 of the erstwhile Cr.P.C to Section 187 of BNSS, the core principle remains the same. As per Section 187 of BNSS, after an accused is arrested, when investigation cannot be completed within the period of twenty-four hours, the police officer carrying on the investigation is bound to transmit the accused to the Magistrate, who can then authorise detention of the accused beyond the period of twenty-four hours. As per Section 187 (2) of BNSS, a Magistrate can authorise detention of an accused in custody for a term not exceeding fifteen days in whole and as per Section 187 (3) of BNSS, if there are adequate grounds, the Magistrate may authorize the detention of an accused beyond fifteen days but not beyond ninety days, when the offence is punishable with death or imprisonment for life or imprisonment for a term of ten years or more and sixty days in relation to any other offences. When it comes to offences relating to possession of commercial quantity of contraband under the NDPS Act, the period of ninety days shall stand extended to 180 days by virtue of section 36A(4) of the NDPS Act, which period can, in appropriate cases, be extend