[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

The petitioner who had been accused under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, was arrested on 26.05.2023, and sought bail through the present application. 

The petitioner submitted that he is entitled to be released on bail since the final report had not been filed within the statutory time mandated under Section 36A of the Act. It was argued that since the petitioner was arrested on 26.05.2023, his right for compulsory bail had accrued on 22.11.2023, on the 181^st day of his remand. 

The counsel for the petitioner submitted that when the application came up for consideration on 22.11.2023, they specifically drew the attention of this Court to the fact that the petitioner was entitled to be released on statutory bail due to the non-filing of the final report even after the 181st day.

Nonetheless, it was argued that the Court adjourned the application to 29.11.2023 without considering the request.

The Public Prosecutor did not dispute the above submission but contended that the petitioner had lost his right to be released on default bail since the final report was filed on 24.11.2023.

The State asserted that the application was filed before the expiry of the statutory period and the petitioner had not filed a separate application under Section 36A of the Act to be released on statutory bail as provided in the case of Ravindran v. Intelligence Officer, Directorate of Revenue Intelligence (2019).

Upon hearing the arguments, the bench remarked that the oral application made by the learned Counsel for the petitioner on 22.11.2023 is sufficient to release the petitioner on statutory bail due to the failure of the Investigation Officer to file the final report on time and the Public Prosecutor not seeking for extension of time as provided under Section 36 A of the Act.

Accordingly, the bail plea was allowed under Section 36 A of the NDPS Act, read with Section 167(2) of the CrPC.

Counsel for Petitioner: Advocates Nireesh Mathew and Vivek Venugopal

Counsel for Respondent: Advocate Seetha S

Case Title: Azharudheen v. State of Kerala

Case Number: Bail Application No. 9813 of 2023

Citation: 2024 LiveLaw (Ker) 52

Click here to Read/Download The Order