Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court

The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention.

Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under Narcotics Drugs and Psychotropic Substances Act, 1985, challenging the order of Trial Court wherein his plea for Default Bail was dismissed.

The Petitioner was in custody in the FIR registered under sec. 21 and 29 of the NDPS Act. On completion of the investigation, chargesheet was filed on March 3, 2021 without the Forensic Science Laboratory (FSL) report.

The chargesheet mentioned that the supplementary charge sheet would be filed on the receipt of the report from forensic laboratory. The Petitioner was then arrested on March 4 last year, wherein he was found in possession of 300 gms of Heroine and 06 gms of heroine was recovered from the co accused.

The Trial Court had dismissed the petitioner's plea seeking default bail for the reason that the chargesheet was filed even though the FSL Report was not filed. It was observed that the quantity recovered from the Petitioner would fall under the bar of commercial quantity.

The High Court was of the view that the default bail under sec. 167 of CrPC can only be availed before the filing of the charge sheet and that the period for calculation of the number of days of detention would commence from the date of remand of the accused and not from the date of arrest.

"It has been repeatedly emphasized by various courts that the right to seek default bail is an indefeasible right provided to the accused. The object of the Default Bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention," the Court said.

The Court also said that the non filing of FSL Report with the chargesheet does not fall within the realms of sec. 173(2) of the Cr.P.C so as to consider it as "incomplete report".

"At present, the settled law persists in the view that non filing of time period as per law. Further, the amount of quantity recovered from the accused is of commercial nature baring the accused from bail under Section 37 of the NDPS Act," the Court said.

Therefore, finding no infirmity in the impugned order, the Court dismissed the plea.

Title: SULEMAN v. THE STATE (NCT OF DELHI)

Citation: 2022 LiveLaw (Del) 771

Click Here To Read Order