VIMAL K. MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.6 and 7 in Crime No.1915 of 2021 of Perumbavur Police Station, registered for offences punishable under Ss. 20(b)(ii)C, 27A and 29 of the NDPS Act. The crime was registered on the allegation that the accused conspired together and secured possession of 30.200 kg of Ganja by sending the contraband through courier from Andhra Pradesh. The first and second accused were caught while receiving the courier. Based on their statement, the petitioners were implicated and arrested on 18/3/2022. As the investigation was not completed within the statutory time limit of 180 days, the petitioners moved an application for bail under Sec. 167(2) of the Code of Criminal Procedure. Pending that application, the investigation was completed and the final report filed on 12/9/2022, the 179th day. Thereupon, the petitioners' application for bail was rejected as per Annexure II order. Aggrieved, this Crl.M.C is filed.

(2.) Learned Counsel for the petitioners submitted that the final report filed on 12/9/2022 was defective and was kept pending in the Special Court for verification up to 9/11/2022. In the meanwhile, the petitioners had filed an application on 4/11/2022 for obtaining certified copy of the final report. That application was returned on 15/11/2022 stating that the final report is not available in court. Therefore, as on the 180th day only a defective final report was on record, which is not sufficient to curtail the petitioners' right to be enlarged on bail on the 181st day. It was only upon receiving the copy application that the Sessions Judge got alerted about the pendency of the final report without verification. Immediately, the final report was verified and finding it to be defective an order was passed on 9/11/2022, directing the investigating officer to cure the defects and re-submit the final report within 15 days. Accordingly, the investigating officer took back the final report on 14/11/2022 and, after rectifying the defects, re-submitted it on 18/11/2022.

(3.) It is argued that, unless a proper final report is filed in court, after completing investigation, the requirement of Sec. 167 (2) of the Code will not be satisfied. A truncated or defective report cannot result in the accused's valuable right to bail being defeated. In support of this contention, reliance is placed on the Apex Court decision in Achpal @ Ramswaroop and another v State of Rajasthan [(2019) 14 SCC 599]. Attention is also drawn to Annexure III Circular of the State Police Chief, highlighting the relevancy of filing time bound and defect free final reports for preventing grant of default bail to the accused.