Case Note & Summary
The judgment concerns five applications under Section 482 of the Code of Criminal Procedure, 1973, filed by accused persons in Crime No. 1089/2020 registered at Chakan Police Station, Pune, for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The applicants sought to quash an order dated 30th March 2021 passed by the Special Court of Sessions, which extended the period of investigation by 180 days under Section 36A(4) of the NDPS Act. The prosecution case arose from an interception on 7th October 2020, where a car was stopped and five occupants were found in possession of bags containing contraband. The applicants were arrested and remanded to custody. The investigation was not completed within the initial 180-day period, and the Public Prosecutor filed an application for extension. The Special Court granted the extension without issuing notice to the accused or hearing them. The applicants challenged the order on the ground that the mandatory requirement of notice and hearing under Section 36A(4) was not complied with. The court analyzed the provision and held that the requirement to give the accused an opportunity of being heard is mandatory. The court noted that the accused have a right to oppose the extension, and failure to serve notice and hear them renders the order invalid. Consequently, the court quashed the extension order and directed that the accused be released on bail if not required in any other case, subject to compliance with Section 36A(4) proviso regarding the maximum period of custody.
Headnote
A) Criminal Procedure - Quashing of Extension Order - Section 482 CrPC, Section 36A(4) NDPS Act - The court considered whether an order extending investigation period under Section 36A(4) NDPS Act is valid when the accused were not given notice or opportunity of hearing - Held that the requirement of notice and hearing is mandatory, and failure to comply renders the order invalid and liable to be quashed (Paras 1-17). B) Narcotic Drugs - Extension of Investigation - Section 36A(4) NDPS Act - The provision requires the Public Prosecutor to apply for extension and the court to grant it only after giving the accused an opportunity of being heard - The court held that the accused have a right to oppose the extension, and non-compliance with the notice requirement vitiates the order (Paras 10-17).
Issue of Consideration
Whether the order extending the period of investigation under Section 36A(4) of the NDPS Act can be sustained when the accused were not served with notice and not heard before the order was passed.
Final Decision
The court quashed and set aside the order dated 30th March 2021 passed by the Special Court of Sessions extending the period of investigation. The court directed that the applicants be released on bail if not required in any other case, subject to compliance with the proviso to Section 36A(4) regarding maximum period of custody.
Law Points
- Section 36A(4) NDPS Act
- extension of investigation period
- mandatory notice to accused
- right to oppose extension
- Section 482 CrPC
- quashing of order
- non-compliance with statutory requirement
