Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 480 & 483 — Bail — NDPS Act offences — Remand — Non-extension — Discrepancy in filing of charge sheet — Effect —
Criminal Petition filed seeking regular bail in respect of offences under Section 20(b)(ii)(C) read with Sections 8(c) and 25 of NDPS Act — Petitioners contended that though prosecution claimed filing of charge sheet within statutory period, no charge sheet was actually filed within time and remand was not validly extended — Prosecution relied on CCTNS record showing earlier filing of charge sheet — Report called for from trial Court revealed discrepancy regarding date of filing of charge sheet and absence of material showing extension of remand beyond a particular date — Held, where statutory period has elapsed and there is no judicial order extending remand for a relevant period, continued custody becomes legally unsustainable — Petitioners entitled to be enlarged on bail.
(Paras 5–6)
NDPS Act — Bail — Effect of procedural lapses —
Held, notwithstanding seriousness of offence under NDPS Act, failure to comply with mandatory procedural requirements relating to remand and filing of charge sheet entitles accused to bail — Procedural safeguards cannot be diluted.
(Paras 5–6)
Criminal procedure — Remand — Necessity of judicial order —
Held, remand of accused must be supported by valid judicial orders — In absence of extension of remand for a specific period, detention of accused during such period is without authority of law.
(Para 6)
Charge sheet — Discrepancy in records — Effect —
Held, where there is inconsistency between official record and prosecution claim regarding date of filing of charge sheet, and matter requires detailed examination, benefit must enure to accused at bail stage.
(Para 5)
Bail — Conditions —
Held, petitioners enlarged on bail subject to conditions including execution of bond, furnishing sureties, periodic appearance before police, non-tampering with evidence and restriction on leaving jurisdiction.
(Para 7)
RATIO DECIDENDI
Where there is no valid judicial order extending remand for a relevant period and there exists discrepancy regarding filing of charge sheet, continued detention of the accused becomes unlawful, entitling them to be released on bail notwithstanding the nature of the offence under the NDPS Act.
