SUBHAS YADAV Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The reference was made on the following issue:-

(2.) During hearing the parties proposed additional issues as follows:-

(3.) Learned Counsels appearing for the petitioners argued the right to be released on statutory bail is a facet of right to liberty enshrined under Article 21 of the Constitution of India. Such right cannot be whittled down except through procedure established by law. Sec. 36A(4) of the Narcotic Drugs and Psychiatric Substances Act (hereinafter referred to as the Act) alters the general law under Sec. 167(2) of the Code of Criminal Procedure and provides in certain offences under the Act including offences involving commercial quantity an accused shall be entitled to be released on statutory bail if investigation is not completed within 180 days. Proviso to the said Sec. empowers the Court to extend the said period up to one year on the report of a public prosecutor indicating the progress of investigation and specific reasons for detention of the accused beyond 180 days. The aforesaid statutory scheme makes it imperative that report of the public prosecutor must be filed before expiry of 180 days failing which the accused would automatically be entitled to statutory bail. In other words, report filed by the prosecutor after expiry of 180 days cannot empower the Special Court to retrospectively extend the period of detention under the proviso to Sec. 36A(4) of the Act. A belated report of the public prosecutor seeking extension cannot take away such right. Relying on Rakesh Kumar Paul vs. State of Assam,(2017) 15 SCC 67. it was further argued the special court has a duty to inform the accused of his right to be released on statutory bail. Failure to apprise the accused of such right would automatically entitle him to statutory bail. Learned Counsels also argued extending the period of remand under the proviso to Sec. 36A(4) of the Act is not a mechanical exercise. Report of the Public Prosecutor must indicate that the investigating agency was not indolent and there is appreciable progress in investigation and ought to spell out 'specific reasons' justifying detention pending further investigation. Special court must express satisfaction on the basis of the report of the Public Prosecutor on the twin requirements before extending detention beyond 180 days.