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HARKESH MANUJA
Bablu Ram @ Babblu Ram – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harkesh Manuja, J.
Present revision petition has been filed challenging the order dated 27.08.2021 passed by the Judge, Special Court, Ludhiana, whereby, an application filed at the instance of the petitioner, invoking Section 167(2) Cr.P.C., seeking default bail has been dismissed.
2. In the present case, the petitioner was implicated as an accused in FIR No.42 dated 27.02.2021 under Section 22 and 25 of the NDPS Act, Police Station City-2, Khanna, wherein, he was arrested on the same day i.e. 27.02.2021. The prosecution having failed to submit challan within the period of 180 days moved an application for seeking extension of time before the Court concerned invoking Sub-Section 4 to Section 36 -A of the NDPS Act, 1985. The application was filed by the prosecution on 26.08.2021 i.e. on 180th day followed by an application dated 27.08.2021 moved at the instance of present petitioner invoking Section 167(2) Cr.PC. seeking default bail on the ground of non-filing of challan by the prosecution within the prescribed period of 180 days. Admittedly, the aforesaid application was moved at the instance of present petitioner at 10 A.M., in the morning on 27.08.2021, whereas, the pr
The court considered conflicting judgments, the subjudice matter before the Division Bench, and the completeness of the charge sheet in NDPS cases without the FSL report in extending the concession o....
The right to default bail under Section 167(2) Cr.P.C. is absolute and must be granted if the prosecution fails to file a challan within the stipulated time, as per Section 36A(4) of the NDPS Act.
The right to default bail arises after 180 days of custody without filing a chargesheet, unless timely application for extension of investigation is made and granted.
The main legal point established is that in cases under the NDPS Act, if the challan is presented without the FSL report within the stipulated period, it would be treated as incomplete, entitling the....
The main legal point established in the judgment is that the accused must exercise the right to default bail promptly, and if the charge-sheet is filed before the accused avails of this right, the ri....
The right to default bail is an indefeasible right linked to Article 21 of the Constitution and is subject to the law and procedure laid down by the Legislature.
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