NDPS Act | 180 Days Adequate To Conclude Investigation, Extension Should Be Sought On Rarest Of Rare Occasions: Punjab & Haryana High Court

For obviating the emergence of the above legal conundrum, especially when a sufficient time of 180 days is assigned, to the investigating officer concerned, to without leave of the jurisdictionally empowered Court, to complete the investigations, this Court deems it fit, to direct the Director General(s) of Police, Punjab, Haryana, and, U.T. Chandigarh, to ensure that all the investigating officers concerned, who are investigating NDPS cases, are directed to within a period of 180 days, complete investigations thereinto, inasmuch as, through theirs making promptest despatches, under valid road certificates, of the sealed sample cloth parcels to the FSL concerned, hence for ensuring that, no opportunity arises, for the present legal conundrum hence making emergence before the Courts of law.

The bench comprising Justice Sureshwar Thakur further added that any departure from the above rule can only be made rarely after leading the Court on valid, and, cogent reasons as provided under Section 36A(4) of NDPS Act.

The provision stipulates that if it is not possible to complete the investigation within 180 days, the Special Court may extend the said period up to 1 year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of 180 days.

It was the case where commercial quantity of contraband was recovered from the possession of the petitioner thereby attracting the rigor of Section 37 of NDPS Act. Hence, prima-facie the present bail petitioner, was not entitled regular bail.

Court further noted that as per the statutory necessity contemplated in Section 36A(4) of NDPS Act, strictest compliance of the provisions by the investigating officer, to complete the investigation within 180 days, commencing from the opening of investigations is warranted.

Importantly, investigations in respect of NDPS offences commences, are completed at the crime site, therefore, the date of the arrest of the offender, at the crime site, becomes the reckonable date, for the purpose of determining, the date of opening of the investigations, and, wherefrom the investigating officer concerned, is bound to complete them within 180 days.

Considering the facts and circumstances of the case, the investigating officers after the conclusion of the investigations, at the crime site should despatch the sample parcels to the FSL concerned, for the latter making an opinion, on the stuff sent to it, for examination, Court said.

Moreover, the court noted that 180 days are sufficient for the relevant despatches being made, and, also for an opinion. Significantly the above period of time is sufficient, and, adequate for the completion of investigations, into an offence under the NDPS.

In rarest of rare occasions, the learned Public Prosecutor concerned, can institute an application, for extension of time for completion of investigations underneath sub-Section 4 of Section 36A of NDPS Act the court added.

For the reasons stated above, the court deemed it fit to direct the Director General(s) of Police, to ensure completion of investigations within 180 days.

However, the court noted that in FSLs, despite having sufficient manpower, the examination of the stuff inside the sample cloth parcels gets delayed and the police faces, an unfortunate situation, that leads to the ill emergence, of the above legal conundrum, becoming beset with Courts of law.

To overcome the same, the Court directed the Secretary Home, Punjab, the DGP Punjab, the Secretary Home, Haryana, DGP Haryana, the Administrator U.T. Chandigarh, and the DGP, U.T. Chandigarh to ensure that all the investigating officers in the NDPS cases, make the earliest, and, promptest, despatches of the sealed sample cloth parcels, to FSLs concerned. They should further ensure that FSLs concerned be adequately manpowered, to deal with the heavy docket, Court said.

According, the instant petition was disposed of.

Case Title: JASWINDER SINGH Versus STATE OF HARYANA

Citation: 2022 LiveLaw (PH) 212