The Orissa High Court in a landmark decision has stressed upon filling of charge-sheet against accused held under the Narcotic Drugs and Psychotropic Substances (NDPS) Act within stipulated 180 days. Accused are arrested under the NDPS Act for trading and transporting dreaded narcotics
It is revealed from the case record that the Jaypore police had seized 270 kg 200 grams of Ganja from a truck. The truck was escorted by a Innova van. Police had caught transporters red-handed. The accused persons were produced before the Sessions Judge-cum-Special Judge Koraput at Jaypore and they were sent to judicial custody on 15 April, 2019. They were booked under the NDPS Act.
As per the provisions, charge-sheets in such cases are required to be submitted within 180 days. However in this case, without submitting charge-sheet within the stipulated time limit, a petition for extension for time was sought by the prosecution after lapse 180 days on October 12, 2019.
Without issuing notice to the accused person, Sessions-cum-Special Judge, Koraput at Jaypore granted extension of time exparte. In this backdrop one of the accused named Iswar Tiwari filed an application for bail before the High Court.
After hearing the matter, Justice SK Panigrahi allowed the bail petition and passed a direction that the bail bond may be fixed by the trial court. Analyzing the legal provisions, Justice Panigrahi has stated that provisions for extension of time limit for submission of charge-sheet have not been followed in this particular case.
Furthermore a notice must mandatorily be issued to the accused and he must be produced in court whenever such an application for extension of time is taken up. Such type of application is to be decided expeditiously before expiry of 180 days statutory time limit. Justice Panigrahi further observed that as the legal position if any application for extension of time to submit charge sheet is filed after expiry of the stipulated 180 days period and no decision there upon, an indefeasible right to be released on bail accrued to the accused which cannot be defeated by keeping the said application pending.
