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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
W. DIENGDOH
Sanget Deb Barman S/o D.S. Barman – Appellant
Versus
Union of India, Directorate of Revenue Intelligence (DRI) Shillong – Respondent
| Table of Content |
|---|
| 1. petitioner's application for bail and extension of investigation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on the implications of default bail rights. (Para 6 , 7 , 8 , 9) |
| 3. prosecution's stance on extension of investigation. (Para 10 , 11) |
| 4. court discussing statutory rights of default bail. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. justification of trial court's rejection of default bail. (Para 20 , 21 , 22 , 23) |
| 6. final legal rationale supporting the judgment. (Para 24) |
| 7. court's conclusion on the merit of the petition. (Para 25 , 26) |
ORDER :
1. Heard Ms. S. Nongsiej, learned counsel for the petitioner who has submitted that the petitioner being aggrieved by the order dated 18.07.2023 passed by the learned Special Judge (NDPS) in DRI Case No.07/CL/NDPS/GANJA/DRI/SHG/2023-24 has now approached this Court with a prayer for quashing and setting aside the said order impugned herein.
2. It is the submission of the learned counsel that the petitioner was arrested by the officers of the Directorate of Revenue Intelligence (DRI), Shillong Regional Unit on 14.01.2023 and was remanded to judicial custody on the same day. The petitioner is still under custody till date, hi
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 right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
(1) Right to default bail under proviso (a) to Section 167(2) of Cr.P.C. is absolute. It is a legislative command and not Court’s discretion.(2) Even one additional or different fact may make a big d....
The court reaffirmed that an accused’s right to default bail is contingent on proper legal procedures being followed; improper extensions can revive these rights until the formal charge-sheet is file....
Point of law: There are two categories of cases regarding period prescribed in law for completing investigation, if accused is in jail. One category for those cases, regarding which the period of 60 ....
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
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.
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