(ORDER)

08.01.2021

This criminal revision has been preferred on 24.7.2020 by applicant Raja

Bhaiya Singh against the order dated 25.4.2020 passed by the Special Judge, NDPS, Panna, District Panna in connection with Crime No.270/2019, registered at Police Station Simariya, District Panna under section 8/20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “the Act”).

2. By the impugned order the learned trial court dismissed the application filed under section 167(2) of CrPC on behalf of accused for default bail upon the ground that challan has not been filed within 60 days from the arrest of accused/applicant.

3. It appears from the record that the petitioner was arrested on 13.2.2020 and on the same date he was produced before the concerned Court, by which he was sent to judicial custody. The applicant moved an application under section 167(2) of CrPC on 21.4.2020 and the challan was also filed by the police on the same date. It appears from the impugned order that the trial court received the aforesaid application for default bail on 2:32 p.m. through whatsapp message upon the personal mobile number of concerned judicial officer (as per Circular No.P-33 dated 20.4.2020 issued by the District Judge, Panna). It is also mentioned in the impugned order that the challan was filed at 3:50 p.m on the same date i.e. 21.4.2020.

4. The trial court dismissed the aforesaid application in the light of order dated 23.3.2020 passed by Hon’ble the Supreme Court in Writ Petition

No.3/2020. The trial court mentioned the following observation of Supreme

Court :-

“this court has taken suo motu cognizance of the situation arising out of the challenge faced by the country on account of covid-19 virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under special law (both central and/or state).”

Upon the basis of aforesaid observation, the trial court came to the conclusion that the prescribed time limit of 60 days for filing the challan has already been extended by the aforesaid order of Hon’ble the Supreme Court.

Therefore, the application is not tenable.

5. It is submitted by the counsel for applicant that the trial court committed mistake by mentioning that the time limit for default bail has been extended. On the other side, the Sate supported the view of the trial court and it is submitted by the State that the challan has been filed within the period of limitation because the limitation was extended by the Supreme Court.

6. In reference to the aforesaid controversy, it will be useful to refer the judgment dated 19.6.2020 passed by the three Judges Bench of Hon’ble the S.Kasi Vs. Through the Inspector of Police, reported in 2020 SCC Online SC 521

that :-

“The indefeasible right to default bail under section 167(2) is an integral part of the right to personal liberty under Article 21, and the said right to bail cannot be suspended even during a pandemic situation as is prevailing currently. It was emphasized that the right of the accused to be set at liberty takes precedence over the right of the State to carry on the investigation and submit a chargesheet.”

The Supreme Court considered the aforesaid extension of time and finally came to the conclusion as under :-

“We, thus, are of the view that neither this Court in its order dated 23.3.2020 can be held to have eclipsed the time prescribed under Section 167(2) of Cr.P.C. nor the restrictions which have been imposed during the lockdown announced by the Government shall operate as any restriction on the rights of an accused as protected by Section 167(2) regarding his indefeasible right to get a default bail on non-submission of chargesheet within the time prescribed.”

7. Therefore, it appears that the order dated 23.3.2020 of Supreme Court related to extension of time limit, was not applicable for