Court acknowledges divergence of High Court opinions and upholds fundamental rights under Article 21 of the Constitution
In a significant ruling on May 4, 2026, the Gujarat High Court condoned a delay of 146 days in filing a criminal appeal by Ankush Kapoor against the National Investigation Agency (NIA) concerning extension of judicial custody from 90 to 180 days. The decision was made by a division bench comprising Justices Ilesh J. Vora and R.T. Vachhani. The court emphasized the fundamental right to personal liberty under Article 21 of the Constitution, stating that procedural lapses should not bar an individual from exercising their statutory right to default bail.
The case revolved around the denial of bail to Ankush Kapoor, who was accused in an NIA case registered in 2020. The extension of custody was sought under Section 43D(2)(b) of the Unlawful Activities (Prevention) Act, 1967, and Section 36A(4) of the NDPS Act, 1985. The applicant's counsel argued that the delay was not deliberate, but due to procedural issues, including non-receipt of relevant materials and notice for the extension application.
The court acknowledged the divergence in judicial opinions among various High Courts regarding the time limit for filing appeals under Section 21(5) of the National Investigation Agency Act, 2008. Noting pending adjudication on similar issues by the Supreme Court, the bench decided that delay in filing an appeal should not deprive the applicant of his right to default bail, a right deeply rooted in the procedural law under Article 21.
The judgment highlights the court's discretion under the proviso to Section 21(5) of the NIA Act, which allows condonation of delay if sufficient cause is shown. It was clarified that condoning the delay pertains only to procedural aspects and does not influence the merits of the appeal, which will be addressed independently at a subsequent stage.
The decision is aligned with recent Supreme Court observations in related cases, where the Apex Court has acknowledged the divergence of views and condoned delays to uphold constitutional rights. This ruling is seen as a reinforcement of the judiciary's commitment to safeguarding individual liberties against procedural technicalities.
Bottom line:-
Application for condonation of delay in filing an appeal under Section 21(5) of the National Investigation Agency Act, 2008, is allowed, considering divergence of views among High Courts and the fundamental right to personal liberty under Article 21 of the Constitution. Delay of 146 days condoned to prevent deprivation of statutory rights.
Statutory provision(s): National Investigation Agency Act, 2008, Section 21(5); Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b); NDPS Act, 1985, Section 36A(4); Article 21 of the Constitution of India.
Ankush Kapoor v. National Investigation Agency, (Gujarat)(DB) : Law Finder Doc id # 2896149
