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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AARADHNA SAWHNEY
Sandeep Kumar alias Raju – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
AARADHNA SAWHNEY, J.
CRM-35175-2025
This is an application filed by the applicant-petitioner under Section 528 of BNSS for placing on record the amended grounds of revision, mentioning therein that petitioners became entitled to the concession of default bail under Section 187 (3)(1) of ( Section 167 (2) of Cr.P.C.) on completion of 60 days, on account of investigating agencies having failed to file the challan within the said period. However, in the original grounds of revision, inadvertently, instead of ‘60’ days, the word ‘90’ days was mentioned in para 3, 4 and 5. The mistake being unintentional and bonafide, applicants pray for granting them the permission to correct the same.
Contents of the application perused. In view of the reasons mentioned therein, the present application is allowed.
Amended grounds of revision taken on record.
Registry is directed to tag the same at the appropriate place.
Main Case
1. By virtue of the present petition, petitioners who are accused in case bearing FIR No.93 dated 29.04.2025, registered against them under Section 21 and 29 of NDPS Act, at Police Station Model Town, Hoshiarpur, have assailed order dated 02.07.2025 passed by learned
Accused facing charges punishable up to 10 years are entitled to default bail if the charge-sheet is not filed within 60 days, underscoring the necessity of timely investigations.
The right to default bail under Section 167(2) is indefeasible and cannot be circumvented by the filing of a charge-sheet after the statutory period.
The court ruled that the petitioner is entitled to statutory bail under Section 187(3) of BNSS, emphasizing that the maximum punishment under Section 22(b) of the NDPS Act is ten years, and anteceden....
Point of Law : Psychotropic drugs - Indefeasible right of accused - Accused to get default bail is accrued and it is indefeasible right of the accused which cannot be defeated by prosecution after co....
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 is an indefeasible right linked to Article 21 of the Constitution and is subject to the law and procedure laid down by the Legislature.
The right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that cannot be extinguished by the mere filing of an incomplete chargesheet.
The right to default bail under Section 167(2) Cr.P.C. does not arise if a court has lawfully extended the investigation period under Section 36A(4) of the NDPS Act before the statutory deadline.
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