The filing of a charge-sheet within the legally extended period of investigation, even if incomplete regarding specific offences requiring later sanction, effectively precludes the accused from claiming an indefeasible right to default bail under Section 167(2) Cr.P.C.

J U D G M E N T

Sanjay Parihar-J

1. This appeal, in terms of Section 21 of the NIA Act, calls in question the orders dated 27.05.2022 and 14.12.2021 passed by the Court of Additional Sessions Judge, Baramulla, Special Court for NIA/UAPA, whereby the prayer of the appellants for grant of default bail came to be rejected, and seeks setting aside of the said orders with a consequential direction for enlargement of the appellants on bail.

2. The appellants contend that the trial court has misread the relevant statutory provisions and erroneously declined their request for grant of default bail, despite the lapse on the part of the respondent in not filing the charge-sheet within the prescribed statutory period.

3. The facts giving rise to the case in hand are that, on 18th June 2021, a Maruti Swift car bearing registration No.JK01AP-0040 was intercepted within the precincts of Police Station Uri. During the search of the vehicle, two magazines of Chinese pistols, ten live rounds of Chinese pistols, five grenades, five packets of contraband heroin and cash amounting to Rs. 3 lakhs were recovered. At the relevant time, the vehicle was occupied by three persons, namely, Sajad Anzar Shah, Sharafat Khan and Shahid Hussain. This recovery led to the registration of FIR No. 63/2021 under Sections 7/25 of the Arms Act, Sections 8/21/29 of the NDPS Act, and Sections 18 and 23 of the UA(P) Act.

4. On the basis of the disclosures made during investigation, other co-accused including appellant Riyaz Ahmad Hajam and Adil Bashir, were implicated, pursuant to which five Chinese grenades, two Chinese pistols, two pistol magazines, ten live rounds, two cheques worth Rs.1 lakh (Rs.50,000 each) and a scooty bearing Registration No. JK01AA-1827 were recovered. During further investigation, four more persons, including petitioner Faiz Ahmad Khan, were arrested and, from their possession, four packets of heroin, cash amounting to Rs.16 lakh and a Canter truck were also seized.

5. The investigation revealed that the recovered contraband had been procured for use in narco-terror activities and that the proceeds realized from its sale were intended to be utilized for carrying out terrorist activities. It was in this background that the appellants, along with the co-accused, came to be arrested.

6. During the course of investigation, the Investigating Officer obtained an extension of 15 days’ judicial remand beyond the statutory period of 180 days from the trial court by invoking Section 36A of the NDPS Act, whereafter the first charge-sheet came to be filed on 27.12.2021 against the appellants and the co-accused under Sections 8/21 and 29 of the NDPS Act. Subsequently, a supplementary charge-sheet under Sections 8/21/ 29 of the NDPS Act came to be filed against the co-accused on 29.12.2021 and thereafter the second supplementary charge-sheet was filed against all the accused on 12th March 2022 for offences under Sections 17, 18, 23 and 39 of the ULA(P) Act and Sections 7/25 of the Arms Act.

7. The appellants, along with two other applicants, filed an application on 27th December 2021 seeking default bail primarily on the ground that the charge-sheet against them, insofar as offences under Sections 17, 18, 23 and 39 of the ULA(P) Act were concerned, had not been filed within the statutory period of 180 days from