Delay in filing of charge sheet in drug-related case

HC asks DGP, Home Secy to look into cops' failure

STAFF REPORTER

GUWAHATI: The Gauhati High Court has expressed surprise at the manner in which the investigating officer as well as the officer in-charge of the Gauripur Police Station in the Dhubri district have failed to file the charge sheet in a drug-related case within the statutory period of 180 days, and has consequently directed the state's Director General of Police (DGP) and the Home Secretary to look into this aspect.

A single-judge Bench comprising Justice Devashis Baruah issued this directive while observing that the court was compelled to grant default bail as per statutory provisions to two accused persons – Aminur Rahman and Hafizur Rahman - in the relevant case under the Narcotic Drugs and Psychotropic Substances Act (NDPS) Act, 1985.

The Bench noted that "the charge sheet has not been filed and there is also no application filed seeking extension of time in terms to Section 36A (4) before this Court or even before the Special Court".

The Bench further observed: "Although the instant application has been pending but upon the period of 180 days being over on 19/12/2022, the learned counsel appearing on behalf of the applicants has verbally made the application for grant of default bail… This Court had on 16/9/2022 in Bail Application No. 2166/2022 and on 31/10/2022 in Bail Application No 2645/2022 rejected the bail applications of the Applicants. Thereupon this third application has been filed on 16/11/2022. On 18/11/2022 this Court called for the updated case diary on 7/12/2022. On 7/12/2022 the learned Additional Public Prosecutor sought for time and this Court directed the matter to be listed on 14/12/2022. However, on 14/12/2022 the counsel for the applicants sought for accommodation but …the learned Additional PP has submitted that he has got the case diary. This Court accordingly fixed the matter today and as no charge-sheet was submitted till then, this Court directed the learned Additional PP to return the case diary which pertains to commercial quantity of narcotic drugs. It surprises this Court the manner in which the investigation of the said case is being carried out resulting in a default bail which this Court is compelled to grant in view of the statutory provisions".

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