Rajesh Agarwal 21 April 2020

Bail in NDPS ACT on statutory bail

14/10/19 accused produced before the LD court with commercial quantity Narcotics. 180 days of statutory period was ended on 11/4/20. court was closed due to lockdown. bail petition was moved on 20/4/20, 189 days. PP Submitted police didn't get chance to file C.Sheet or extension application due to lockdown. Can police file cs and extension petition before cjm court? Give remedy as no cs and extension petition is filed today but Court not release accused on bail. please suggest

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Quick Summary

This discussion addresses a complex case involving statutory bail under the NDPS Act where the 180-day period for filing a charge sheet expired during lockdown. Despite the court's closure, the accused's bail petition was moved late. The legal advice suggests that while the lockdown may have impacted the police's ability to file the charge sheet or seek an extension, the accused's right to bail should still be considered. The Supreme Court's suo motu cognizance of limitations during the lockdown period is highlighted, suggesting that the police might also benefit from this extension for filing. The primary remedy advised is to file a regular bail petition, and if that is rejected, to approach the High Court.

2 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 21 April 2020

Dear querist,

You have to file bail petition and if court reject bail then you may approach high court and file bail petition.

Regards,

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 21 April 2020

Hon'ble apex Court sue-moto had taken cognizance of the limitation in all cases pending before either of the courts in india and had given a blank order to exempt limitation till lockdown goes on so the benefit shall also go to the police authorities for non-preparing the charge-sheet within this period wherein the police is engaged in maintaining law and order situation. You shall not get the benefit of section 167 (3) Cr. PC to which you want to take at this stage wherein the challan has not been submitte within a statutory period of 180 days.

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