2009 (8) TMI 1290 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of the extensions granted u/s 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Entitlement of the appellant to bail under Section 167(2) of the Code of Criminal Procedure, 1973.

Summary:

Issue 1: Legality of the Extensions Granted u/s 36A(4) of the Act

The appellant was arrested on 12th February 2007 for offences punishable u/s 24, 29, 30, and 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Narcotics Control Bureau (NCB) filed applications for extensions of time to complete the investigation and file a complaint, which were granted by the Special Judge on 2nd August 2007 and 30th January 2008. The appellant contended that these extensions did not satisfy the conditions laid down in Section 36A(4) of the Act, specifically that they were granted without notice to the accused and did not constitute valid reports of the public prosecutor. The Supreme Court found that the applications did not indicate any application of mind by the public prosecutor, did not show the progress of the investigation, nor the compelling reasons for the extension. The Court held that the extensions granted were contrary to law and must be struck down.

Issue 2: Entitlement to Bail under Section 167(2) of the Code

The appellant filed an application for bail on 4th February 2008, arguing that the investigation had not been completed within the stipulated period. The Special Judge rejected this application on 13th February 2008, and the High Court dismissed the appellant's challenge to this order. The Supreme Court noted that the High Court had deviated from the categorical directions given in the case of Hitendra Vishnu Thakur v. State of Maharashtra, which required notice to the accused and a proper report from the public prosecutor for any extension beyond 180 days. The Supreme Court found that the extensions granted were invalid, and thus the appellant was entitled to bail.

Conclusion:

The Supreme Court allowed the appeal, set aside the orders of the Special Judge dated 13th February 2008 and the High Court dated 5th September 2008, and directed that the appellant be released on bail.