If the accused fails to comply with the terms & conditions of the bail order, his continued detention in custody is valid

Issue

Appeal before the Supreme Court against the judgment dated 21.11.2019 passed in Crl. O.P. No. 9750 of 2019 by the High Court of Judicature at Madras.

Facts

• The Appellant was arrested and remanded to judicial custody on 04.08.2018 for the alleged offence punishable under Section 8(c) read with Sections 22(c), 23(c), 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).
• After completion of 180 days from the remand date, that is, 31.01.2019, the Appellant (Accused No.11) filed application for bail under Section 167(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) on 01.02.2019 before the Special Court for Exclusive Trial of Cases under the NDPS Act, Chennai (‘Trial Court’) on the ground that the investigation was not complete and charge sheet had not yet been filed.
• According, on 05.02.2019, the Trial Court granted the order of bail in Crl. M.P. No. 131 of 2019 in R.R. No. 09/2017 pending before the said court.
• The Respondent/complainant, i.e., the Intelligence Officer, Directorate of Revenue Intelligence filed Crl. O.P. No. 9750 of 2019 before the High Court of Judicature at Madras praying to cancel the bail of the Appellant. The High Court, by the impugned judgment, allowed the said appeal and consequently cancelled the order of bail granted by the Trial Court. Being aggrieved, the Appellant has approached this Court questioning the judgment of the High Court.

Findings

In common legal parlance, the right to bail under the Proviso to Section 167(2) is commonly referred to as ‘default bail’ or ‘compulsive bail’ as it is granted on account of the default of the investigating agency in not completing the investigation within the prescribed time, irrespective of the merits of the case.

Section 36A of the NDPS Act prescribes modified application of the CrPC as indicated therein. The effect of Sub-clauses (4) of Section 36A, NDPS Act is to require that investigation into certain offences under the NDPS Act be completed within a period of 180 days instead of 90 days as provided under Section 167(2), CrPC. Hence the benefit of additional time limit is given for investigating a more serious category of offences. This is augmented by a further Proviso that the Special Court may extend time prescribed for investigation up to one year if the Public Prosecutor submits a report indicating the progress of investigation and giving specific reasons for requiring the detention of accused beyond the prescribed period of 180 days. In the matter on hand, it is admitted that the Public Prosecutor had not filed any such report within the 180-day period for seeking extension of time up to one year for filing final report/additional complaint before the Trial Court.

Judgement

Supreme Court held that the impugned judgment of the High Court stands set aside and the Trial Court judgment stands confirmed. However, additionally direct that apart from furnishing the sureties as directed by the Trial Court, the Appellant accused should also surrender his passport, undertake to report to the Respondent Directorate when required for purposes of investigation, and also undertake to not leave Chennai city limits without the leave of the Trial Court. This should alleviate any concerns about the Appellant absconding from the jurisdiction of the Court.

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