Abu @ Dombia Abu vs State Of Kerala

Bechu Kurian Thomas, J.

Petitioner challenges Annexure A3 granting extension of time to file final report and also to release the petitioner on statutory bail.

Petitioner is the sixth accused in Crime No.510/2022 of Thirunelli Police Station, Wayanad District, alleging offences under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act’). He was arrested on 23.06.2023 and has been in custody since then. The period of 180 days after arrest expired on 19.12.2023 and by that date, the final report was not filed. Therefore, seeking statutory bail, petitioner filed an application on 27.12.2023, which was posted for objection and hearing on 29.12.2023. On the said date, the Special Public Prosecutor filed another application for extension of time for filing the final report against the sixth accused. The court allowed the application for extension of time on 01.01.2024 and dismissed the bail application of the accused on 03.01.2024.

Smt. Saipooja, the learned counsel for the petitioner contended that the accused became entitled to statutory bail on 19.12.2023 and the subsequent application for extension of time filed on 29.12.2023 is of no consequence. The Sessions Court erred in dismissing the bail application and granting exemption, without bearing in mind the expiry of 60 days from the date of arrest. It was further submitted that, even after the expiry of the extended period of additional 60 days for filing the final report, petitioner has not been released on bail and he continues to be under incarceration.

I have heard Sri. Ashi.M.C, the learned Public Prosecutor as well.

Petitioner is a citizen of Ivory Coast. Since the period of 180 days for completing the investigation and filing the final report as per Section 36A(4) expired on 19.12.2023, he became entitled for statutory bail on that date as per Section 164 of Cr.P.C. Subsequent application for extension of time cannot deprive the benefit of statutory bail obtained by the petitioner (See the decision in 2020 (6) KLT 127 (SC). In such circumstances, petitioner ought to be released from custody forthwith.

In view of the above, the Special Court-II, NDPS Act Cases, Kalpetta, shall issue immediate orders releasing the petitioner from jail after imposing appropriate conditions. If the petitioner do not possess valid Visa, the court can impose conditions to ensure his presence in court by transferring him to detention centre as per law.

This criminal miscellaneous case is disposed of as above.