Court’s Decision
The Kerala High Court granted statutory bail to an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), on the ground that the final report (chargesheet) was not filed within the 180-day statutory period prescribed under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 36A(4) of the NDPS Act. The Court emphatically rejected the State’s reliance on Section 10 of the General Clauses Act, 1897 to justify a delay caused by the 180th day falling on a holiday. It held that “Section 10 of the General Clauses Act has no application when no period is prescribed for an act to be done in court.”
Facts
The petitioner, accused of transporting 25.233 kilograms of ganja on 16 October 2024, was arrested on the same day and remained in custody thereafter. The offence involved commercial quantity under the NDPS Act, triggering the extended 180-day remand period under Section 36A(4). The statutory 180-day period concluded on 13 April 2025, a Sunday, followed by a public holiday on 14 April 2025 (Vishu). The final report was filed on 15 April 2025. The petitioner argued that the filing was beyond the permissible limit and thus he was entitled to default bail.
Issues
- Whether the filing of the final report on the next working day, after the expiry of the 180-day period due to a holiday, can be considered within time by applying Section 10 of the General Clauses Act?
- Whether the accused becomes entitled to statutory/default bail under Section 187(3) of BNSS read with Section 36A(4) of NDPS Act if the final report is not filed within the prescribed 180 days?
Petitioner’s Arguments
The petitioner contended that the final report was mandatorily required to be filed within 180 days from the date of arrest, i.e., by 13 April 2025. Since this was not done and no extension order was sought, the petitioner argued that the delay, even by two days, vitiated the prosecution’s authority to seek further custody and the accused’s right to default bail under Section 187(3) BNSS became indefeasible. The petitioner urged that the Court reject the prosecution’s reliance on Section 10 of the General Clauses Act since Section 187(3) does not prescribe a timeline for filing the final report but only limits the period of detention.
Respondent’s Arguments
The Public Prosecutor submitted that 13 April 2025, the 180th day from arrest, was a Sunday and followed by a public holiday (Vishu) on 14 April 2025. The final report was filed on the next working day, 15 April 2025. The State contended that under Section 10 of the General Clauses Act, the act of filing the final report on the next working day should be considered valid and within time. Consequently, the petitioner was not entitled to statutory bail.
Analysis of the Law
The Court meticulously examined Section 187(3) BNSS and Section 36A(4) NDPS Act. It noted that these provisions do not prescribe a deadline for filing the final report. Rather, they cap the maximum permissible duration of remand and condition the continuation of custody on timely filing of the final report.
It clarified that the accused must be released on bail if the final report is not filed within the prescribed detention period—90 days generally, and 180 days in cases involving commercial quantity under the NDPS Act. The Magistrate’s power to remand ceases once this time elapses, and any detention thereafter becomes unlawful unless bail is declined on some other independent ground.
Precedent Analysis
The Court referred to several decisions that buttressed its conclusion:
- State of Maharashtra v. Sharad B. Sarda (1983 2 CriLC 18) – Held that Section 167 CrPC does not prescribe any specific time for filing a charge sheet and that Section 10 of the GC Act cannot be invoked in such cases.
- Powell Nwawa Ogechi v. State (1986 CriLJ 2081) – Held that once the 90-day (now 180-day) period expires without the filing of the final report, the Magistrate has no authority to remand further, and the accused has an absolute right to bail.
- Noor Mohammad v. State [ILR 1978 (2) Del 442] – Stated that Section 10 of the GC Act cannot be used to dilute an accused’s right to statutory bail.
Court’s Reasoning
The Court held that the essence of Section 187(3) BNSS is not about filing the final report within a time limit, but about the consequences of not completing the investigation within the remand period. It observed that:
“Section 187(3) does not prescribe any period within which the police is required to file a final report… thus, Section 10 of the GC Act has no application.”
Further, it ruled that:
“If the 180th day falls on a public holiday, filing the final report on the next working day does not cure the delay. The accused’s right to statutory bail becomes absolute.”
Conclusion
The Court found that the final report was filed after the statutory 180-day period and held that Section 10 of the General Clauses Act could not extend this limit. Therefore, the accused was entitled to default bail under Section 187(3) of the BNSS read with Section 36A(4) of the NDPS Act.
The bail was granted with conditions, including furnishing of bond, cooperation in trial, prohibition on tampering with evidence, and restraint from committing further offences.
Implications
This judgment reaffirms the sanctity of statutory bail under procedural law and places a clear limitation on prosecutorial reliance on general interpretation statutes like the General Clauses Act to override express limitations on detention. It brings clarity to the interplay between Section 187 BNSS, Section 36A(4) NDPS Act, and Section 10 of the General Clauses Act, ensuring the rights of the accused are not diluted by administrative or calendar-related technicalities.
Cases Referred and Their Relevance
- State of Maharashtra v. Sharad B. Sarda – Clarified that Section 167 CrPC does not prescribe a deadline for the final report, and the GC Act cannot extend remand periods.
- Powell Nwawa Ogechi v. State (Delhi Administration) – Held that right to bail after expiry of remand is absolute.
- Noor Mohammad v. State – Reinforced that GC Act Section 10 cannot override statutory rights under procedural codes.
FAQs
1. Can a final report under NDPS Act be filed after the 180th day if the last day is a holiday?
No. The Kerala High Court ruled that Section 10 of the General Clauses Act cannot be invoked to extend the 180-day period, even if the last day is a holiday.
2. Does Section 187(3) BNSS prescribe a time limit for filing the final report?
No. It only limits the permissible duration of custody. If the final report is not filed within this time, the accused is entitled to default bail.
3. What happens if the final report is filed on the 181st day due to holidays?
The accused’s right to default bail becomes indefeasible. Filing the final report even one day late is insufficient to deny bail.
