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VIRENDER SINGH
Hitesh Gandhi – Appellant
Versus
Enforcement Directorate Office (ED) – Respondent
JUDGMENT :
Virender Singh, J.
The order of mine shall dispose of the above titled Revision Petitions, which have been filed by the applicants, against the order, dated 10th November, 2023, passed by the Court of learned Special Judge, Shimla (hereinafter referred to as ‘the learned trial Court’).
2. By way of order, dated 10th November, 2023, the learned trial Court has dismissed the bail applications, filed by the petitioners, under Section 167 (2) of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), pertaining to ECIR/SHSZO/04/2019, dated 19th July, 2019, registered under the provisions of Prevention of Money Laundering Act, 2022 (hereinafter referred to as ‘PMLA’), with the Directorate of Enforcement, Sub Zonal Office, Shimla (hereinafter referred to as ‘ED’), for releasing them on bail, on account of the fact that the ED could not file the complete charge sheet, within the stipulated period, as per Section 167 CrPC.
3. Brief facts, leading to the filing of the present petitions, before this Court, may be summed up, as under:
4. The petitioners have been arrested by the ED, in case, bearing No. ECIR/SHSZO/04/2019, dated 19th July, 2019, registered with ED.
5. Accordi
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....
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 non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
The completion of the investigation within the statutory period is crucial in determining the entitlement to default bail under the NDPS Act.
Non-filing of the FSL report along with the charge sheet does not render the charge sheet incomplete, and therefore, no right of default bail is accrued in favor of the accused.
Police Report submitted by police under Section 173(2) is a very important piece of document from view point of prosecution, defence and court.
(1) Default bail – An incomplete charge-sheet filed without completing investigation cannot be used to defeat right of statutory bail under Section 167(2) of Cr.P.C.(2) Default bail – Investigative a....
The absence of an FSL report does not invalidate a charge sheet under NDPS Act, affirming the right to default bail remains linked to timely completion of investigations.
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