Case Note & Summary
The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the NDPS Act, the investigation had to be completed within 180 days. The appellant completed 180 days in custody on 31.01.2019 (excluding the remand day). On 01.02.2019 at 10:30 a.m., he filed a bail application under Section 167(2) CrPC before the Special Court, as no chargesheet had been filed. During the hearing of the bail application, at 4:25 p.m. on the same day, the respondent (Intelligence Officer, DRI) filed an additional complaint. The Special Court granted bail on 05.02.2019, holding that the appellant's indefeasible right had accrued. The High Court of Madras, in Crl. O.P. No. 9750 of 2019, cancelled the bail, reasoning that the additional complaint was filed before the bail application was disposed of, and thus the right was not indefeasible. The Supreme Court allowed the appeal, setting aside the High Court's order. The Court held that the indefeasible right to default bail under Section 167(2) CrPC accrues on the expiry of the statutory period and the filing of a bail application before the chargesheet is filed. Subsequent filing of a chargesheet during the hearing does not extinguish this right. The Court relied on Uday Mohanlal Acharya v. State of Maharashtra, (2001) 5 SCC 453, and reiterated that the time of filing of the bail application is determinative, not the time of disposal. The Court restored the bail granted by the Special Court.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC - Indefeasible Right - The right to default bail under Section 167(2) CrPC accrues on the expiry of the statutory period (180 days under NDPS Act) and the filing of a bail application before the chargesheet is filed. Subsequent filing of chargesheet during the hearing of the bail application does not extinguish this right. The court must consider the time of filing of the bail application, not the time of disposal. (Paras 9-14) B) Narcotic Drugs - Investigation Period - Section 36A(4) NDPS Act - 180 Days - For offences involving commercial quantity under NDPS Act, the investigation must be completed within 180 days. The Public Prosecutor may seek extension up to one year by filing a report. In this case, no such report was filed, and the chargesheet was filed after 180 days. (Paras 6.1-6.2) C) Criminal Procedure - Computation of Period - Section 167(2) CrPC - Exclusion of Remand Day - The day of remand is excluded, and the day of filing chargesheet is included while computing the 180-day period. (Para 7)
Issue of Consideration
Whether the indefeasible right to default bail under Section 167(2) CrPC gets extinguished by subsequent filing of an additional complaint by the investigating agency, and whether the court should consider the time of filing of the bail application or the time of its disposal.
Final Decision
Appeal allowed. The judgment of the High Court of Madras dated 21.11.2019 in Crl. O.P. No. 9750 of 2019 is set aside. The order of the Special Court granting bail to the appellant is restored.
Law Points
- Default bail
- Section 167(2) CrPC
- Indefeasible right
- Filing of chargesheet after bail application
- Time of filing vs time of disposal
- NDPS Act Section 36A(4)
- 180 days period
