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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE SUNDER MOHAN, J
Suhail Ahamed – Appellant
Versus
State Rep. By its The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. verification of filing date (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 2. computation of detention period (Para 21 , 22 , 24) |
| 3. criminal revision case dismissed (Para 23) |
ORDER :
2. It is the case of the petitioners, that they were arrested for the offences under Sections 8(c) r/w 18(b), 22(c), 25 and 29(1) of the NDPS Act @ under Sections 8(c) r/w 18(C), 22(C), 25 and 29(1) of the NDPS Act on 19.01.2024 and remanded on 20.01.2024; that the allegation against the petitioners/A2, A3 and A5, is that they were found in possession of 4.620 Kgs of Methamphetamine and 1.425 Kgs of Abin along with two other accused; that since the respondent did not file the final report within the statutory period of 180 days, the respondent sought for extension and the trial Court had granted 90 days for completion of investigation; that the respondent ought to have filed the final report before 270 days; that the 270th day fell on 14.10.2024; that the respondent filed the final report only on 15.10.2024; and hence the petitioners are entitled to statutory bail.
4. The learned counsel for the petitioners reiterated his submissions made before the trial Court and asserted that the final repor
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.
Default bail – Before any extension of time to complete investigation is granted, accused must be put on notice and permitted to have his say so as to be able to object to grant of extension.
Point of law :Rejection of Bail - Only in the case when a charge-sheet is not filed and investigation is kept pending, the benefit of the proviso appended to sub-section (2) of S.167 of the Code woul....
Mechanical extensions of time for submission of the final report cannot defeat the accused's right to statutory bail.
The judgment established the accused's indefeasible right to be enlarged on bail if the police fails to complete the investigation and put up a challan against him in accordance with law under Sectio....
The main legal point established in the judgment is that the pending FSL report does not render the charge sheet incomplete, and the determination of the accused's involvement in the offence is a mat....
What is necessary to get default bail u/s.167 (2), Cr.P.C is failure to complete investigation within time prescribed for investigation. Entitlement of default bail u/s.167 Cr.P.C. is to be decided b....
Narcotic substances - Ganja - Bail dismissed - Procedure when investigation cannot be completed in twenty four hours - Commercial quantity of Hashish oil and MDMA is seized from petitioner and other ....
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