Legal provisions involved: Section 528 BNSS,  Section 187(2) BNSS, Sections 22, 25, 29 of NDPS Act.

Judgement by: Punjab & Haryana High Court.

Judge/Bench: Justice Rupinderjit Chahal.

Facts

The petitioners were arrested in an NDPS case. As per law, the police had 180 days to file the chargesheet. If they failed, the accused would get default bail. Just before the 180-day limit ended, the prosecution asked for more time. The trial court granted a one-month extension without informing or producing the accused in court. Later, when the accused applied for default bail, it was rejected because the extension had already been granted.

Key legal provisions

Section 528 BNSS,  Section 187(2) BNSS, Sections 22, 25, 29 of NDPS Act. 

Issues raised

Whether the court can extend time for filing a chargesheet without hearing the accused, and whether doing so violates their right to default bail.

Arguments of the case

The accused argued that they were not given a chance to oppose the extension, which affected their right to liberty. The State said the extension was sought within time and was necessary due to the seriousness of the case.

Judgement

The High Court held that the accused must be present when such an extension is considered. Granting it in their absence violates Article 21 and their right to default bail. The extension order was set aside, and the accused were granted default bail.

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