AI Overview...
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Statutory Period of Detention - Under Section 21(b) of the NDPS Act, the statutory period for detention or investigation is generally 60 days. This period is crucial for filing charge sheets and ensuring timely legal proceedings. Some sources clarify that this period is distinct from other provisions like Section 36A and Cr.P.C., which govern extensions and extensions of investigation time. SUBHASH BAPARI VS STATE OF WEST BENGAL - Calcutta, Arvind Kumar Saxena VS State - Delhi, Babu VS State (GNCT of Delhi) - Delhi
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Default Bail and Non-Compliance with Time Limits - If the police fail to file a charge sheet within the 60-day statutory period under Section 21(b), the accused becomes eligible for default bail. Courts emphasize that the accused must apply for this bail within the statutory window to be entitled to it. Failure to do so results in the denial of bail, as the statutory period is a mandatory requirement. Arvind Kumar Saxena VS State - Delhi, Babu VS State (GNCT of Delhi) - Delhi, Bharat Bhushan VS State of Haryana - Punjab and Haryana
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Extensions and Non-Compliance - Extensions to the investigation period may be granted under Section 36A(4) of the NDPS Act and Section 167(2) of Cr.P.C., but only if the investigating agency files the necessary extension petitions within the prescribed time. Non-presentation of charge sheets within the statutory period, or failure to seek extensions, leads to the automatic entitlement of the accused to default bail. Allu Prasad VS State of Andhra Pradesh - Andhra Pradesh, Simon R. Marak VS State of Meghalaya - Meghalaya, Simon R. Marak VS State of Meghalaya - Meghalaya, Bharat Bhushan VS State of Haryana - Punjab and Haryana
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Legal Interpretations and Court Rulings - Courts have consistently held that the statutory period of 60 days is mandatory for filing charge sheets under Section 21(b). Any delay beyond this period, without proper extension, results in the accused's right to default bail. Proper adherence to procedural timelines is emphasized to uphold the accused's liberty. SUBHASH BAPARI VS STATE OF WEST BENGAL - Calcutta, Arvind Kumar Saxena VS State - Delhi, Babu VS State (GNCT of Delhi) - Delhi
Analysis and Conclusion:
The statutory period for detention and investigation under Section 21(b) of the NDPS Act is 60 days. Failure by authorities to file a charge sheet within this period entitles the accused to default bail, provided they apply within the statutory window. Extensions are permissible but require timely petitions; neglecting this leads to automatic bail rights for the accused. Courts uphold these provisions to protect individual liberty and ensure procedural compliance.
Search Results for "Statutory Period of Section 21 B Ndps Act"
2003 0 Supreme(Cal) 240 • India - Calcutta
P.K.BISWAS
167(2) - Statutory period of detention - Accused charged under Section 21(b) of NDPS Act - Whether statutory period of detention ... Whether the statutory period of detention for an offence under Section 21(b) of the NDPS Act is 60 days or 180 da....
2024 0 Supreme(Gau) 1484 • India - Gauhati
BUDI HABUNG
- Accused arrested under NDPS Act and has been in custody for 67 days - Statutory period for investigation under Section 187 3(i ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - NDPS Act, 1985 - Section 21(b) - Bail application ... Case No. 14/2024 under Section 21(....
2020 0 Supreme(Del) 1018 • India - Delhi
MUKTA GUPTA
NDPS Act - Bail - Section 21(B) - [Section 21(B) of the NDPS Act] - The court discussed the requirement of filing a charge sheet ... Ratio Decidendi: The accused must apply for default bail during the statutory period to be entitled to it. ... within the statutory period of 60 day....
2021 0 Supreme(AP) 384 • India - Andhra Pradesh
LALITHA KANNEGANTI
Ratio Decidendi: The court relied on Section 36(A) of the NDPS Act and Section 167(2) of Cr.P.C., highlighting the statutory ... police's failure to file a charge sheet or an extension petition within the statutory period. ... DEFAULT BAIL - NDPS ACT - SECTION 36(A), 167(2) OF CR.P.C - SUMMARY Fact of the Case: Pet....
• India - Meghalaya
MOHAMMAD YAQOOB MIR
NDPS Act - Bail Application - Section 21(b)(c)/33(c)/27(a)(b) - 173 CrPC - 36A(4) of NDPS Act - 167 CrPC - Proviso to sub-section ... due to the non-presentation of charge sheet within the statutory period. ... Issues: The main issue was the denial of default bail due to the non-filing of the charge sheet within the statuto....
2018 0 Supreme(Megh) 35 • India - Meghalaya
MOHAMMAD YAQOOB MIR
NDPS Act - Bail Application - Sections 21(b)(c)/33(c)/27(a)(b) - 36A(4) - 167 - Proviso to sub-section (4) of Section 36A ... of charge sheet within the statutory period. ... Issues: Non-presentation of charge sheet within statutory period, denial of bail, and the casual recording of the order by ... The final repo....
2021 0 Supreme(Del) 2351 • India - Delhi
SURESH KUMAR KAIT
NDPS Act - Bail Application - Sections 21/29/61/85 - Summary of Acts and Sections: The court discussed the provisions of Section ... , as the charge sheet was filed without his name and the CFSL report was not submitted within the statutory period. ... 167(2) of the Cr.P.C. and Section 36 A(4) of the NDPS A....
2024 0 Supreme(P&H) 144 • India - Punjab and Haryana
MANJARI NEHRU KAUL
within the statutory period and the requirements for granting extensions. ... provisions of Section 167(2) of the Cr.P.C. and Section 36A(4) of the NDPS Act, emphasizing the importance of completing investigations ... Default Bail - Extension of Investigation Period - Narcotic Drugs and Psychotropic Substances Act, 1985, Drugs and Cos....
2018 0 Supreme(Del) 267 • India - Delhi
ANU MALHOTRA
DEFAULT BAIL - Criminal Procedure Code - Section 167(2) - NDPS Act, 1985 - Section 21(b) Fact of the Case: The petitioner ... seeks default bail as the charge-sheet was not filed within the statutory period of 60 days from the date of arrest. ... Issues: The main issue was the entitlement to default bail due to non-compliance with the statutory requi....
2023 0 Supreme(Bom) 2233 • India - Bombay
M. S. KARNIK
of the Constitution, and that the conditional liberty must override the statutory restrictions imposed by Section 37 of the NDPS ... BAIL - Narcotic Drugs and Psychotropic Substances - NDPS Act Sections 20(b)(ii)(B), 21(C), 22(C), 37(1)( ... b)(ii) - The court discussed the provisions of the NDPS Act, particularly fo....
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