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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH, J.
Surendra Gadaba - Petitioner
Versus
State of Odisha - Opposite Party
CRLMC NO.2278 of 2021
Decided On : 13-05-2022
| Table of Content |
|---|
| 1. challenge to extension of investigation period (Para 1 , 2) |
| 2. petitioner's contention on rights infringement (Para 3 , 4) |
| 3. state's counterarguments on extension legality (Para 5 , 6) |
| 4. analysis of section 36-a(4) of ndps act (Para 7 , 8 , 10) |
| 5. mandatory notice to accused discussed (Para 15 , 22) |
| 6. interpretation of judgment context (Para 18 , 19) |
| 7. consideration of representation in extension matters (Para 24 , 25) |
| 8. dismissal of crlmc for lack of merit (Para 27 , 28) |
JUDGMENT :
V. Narasingh, J.
1. Extension of the time period for completion of investigation by 30 days beyond the period prescribed in terms of the provisions contained under Section 36A(4) of the NDPS Act by order dated 7.02.2021 (wrongly typed as 7.02.2020) passed by the learned Sessions Judge-cum-Special Judge Malkangiri in T.R. Case No.84 of 2020 arising out of Orkel P.S. Case No.142/2020 is the subject matter of challenge in this application under Section 482 Cr.P.C. by the accused- petitioner.
2. The relevant dates which are not in dispute and which has a bearing on the point at issue are stated hereunder;
25.08.2020 | The petitioner was arrested. |
26.08.2020 | The petitioner was forwarded |
20.02.2021 | 180 days of investigation period to be completed. |
15.02.2021 | Investigation Officer filed petition for extension of time to complete investigation. |
17.02.2021 | The Special Public Prosecutor filed petition for extension of period of investigation. |
17.02.2021 | The learned Special Judge extended |
30 days for completion of investigation till 22.03.2021. | |
19.03.2021: | The Investigation Officer submitted Charge Sheet, before expiry of the extended period, 22.03.2021. |
3. It is submitted that petition for extension of the statutory period of 180 days under the NDPS Act, was taken up by the learned Court in seisin of the matter on 17.02.2021 and on the said date as notice of such application was not given to the petitioner exercise of such discretion for extension by the learned Court below is illegal. Whereby, petitioner’s indefeasible right of freedom has been infringed in as much as admittedly, no notice was given to the accused “in person”.
4. In support of his contention the learned counsel for the petitioner relies on the judgments of this Court in the case of Lambodar Bag-Vrs.- State of Odisha reported in (2018) 71 OCR 31 and asserts that in view of the said decision, notice has to be mandatorily issued to the accused before grant of extension of period to complete investigation and in the case at hand, the same having not been done, the petitioner is entitled to be released on bail by virtue of operation of the proviso to Section 167 (2) Cr.P.C., which is commonly referred to as default bail.
5. The learned counsel for the State, per contra submitted that the decisions cited by the learned counsel for the petitioner has no application in the fact situation of the present case in as much as the order of extension was passed after following the procedure as envisaged. Hence sought for dismissal of the CRLMC.
6. The right of an accused to be released on default bail is well recognized and is held to be sacred. In this context petitioner has rightly relied on the judgments reported in
I. 1994 (5) SCC 410 – Sunjay Datt V. State
II. AIR 1994 SC 2623 – Hitendra Vishnu Thakur and others v. State of Maharashtra and others
III. AIR 2001 SC 1910 – Uday Mohanlal Acharya v. State of Maharashtra
IV. (2017) 15 SCC 67 – Rakesh Kumar Paul v.State of Assam
V. 2020 SCC Online SC 867 – M. Ravindran v. The Intelligence Officer, Directorate of Revenue Intelligence .
VI. (2020) 10 SCC 616 - Bikramjit Singh v. The State of Punjab
VII. 2020 SCC Online SC 529 – S. Kasi v. State Through, the Inspector of Police Samaynallur Police Station Madurai District.
VIII. (2018) 71 OCR 31 Lambodar Bag v. State of Orissa IX. 2010 (1) SCR 555 – Sanjay Kumar Kedia @ Sanjay Kedia v. Intelligence Officer, Narcotic Control Bureau and another .
7. For deciding the point at issue it is not necessary to refer to
The representation of an accused through counsel satisfies notice requirements for extensions under the NDPS Act, maintaining a balance between the rights of the accused and the interests of justice.
The main legal point established in the judgment is the necessity of fulfilling specific conditions, including the report of the Public Prosecutor, progress of the investigation, and issuing a prior ....
Recovery of contraband - Right of the petitioner to be released on bail on account of the default of the prosecution was rightly refused by learned court below, upon extending period of investigation....
The filing of a charge sheet within an extended investigation period, granted upon a substantiated report by the public prosecutor and judicial oversight, effectively extinguishes the accused's indef....
The accused's right to statutory bail under Section 167(2) of the Cr.P.C. is violated if the extension for investigation is not properly notified, infringing upon their rights under Article 21 of the....
The accused has a constitutional right to default bail when statutory time limits for investigation are exceeded, and the absence of procedural safeguards in extension requests constitutes a violatio....
The right to default bail under Article 21 is a constitutional guarantee, requiring adherence to procedural safeguards when extending investigation periods.
The right to default bail under Section 167(2) is a constitutional guarantee that cannot be infringed by procedural lapses in extending investigation periods.
An accused has an indefeasible right to statutory bail if the investigation is not completed within the prescribed time, and procedural safeguards must be followed for extensions.
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