Court Quashes Extension Order for Filing Challan Without Accused's Presence, Citing Violation of Fundamental Rights
In a significant ruling, the Punjab and Haryana High Court, presided over by Justice Rupinderjit Chahal, has quashed an order by the Special Court, Gurdaspur, which had granted an extension for filing the challan without the presence of the accused, Paras Thakur and another petitioner, in a case involving the NDPS Act. The court emphasized that the absence of the accused during such proceedings violates their fundamental rights under Article 21 of the Constitution of India, thereby rendering the extension order legally untenable.
The case revolves around the petitioners, who were arrested on May 7, 2025, with alleged contraband. They had been seeking default bail under Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, due to the prosecution's failure to file a challan within the mandated 180 days. The Special Court had previously dismissed their bail application, citing an extension granted to the prosecution for filing the challan.
The petitioners argued that the extension was granted without serving notice to them, contrary to established legal principles. The court concurred, referencing the Supreme Court's directives in cases such as Sanjay Dutt v. State through C.B.I. Bombay and Jigar v. State of Gujarat, which mandate the presence of the accused during such proceedings to safeguard their rights.
The High Court's decision underscores the critical importance of procedural safeguards in upholding the personal liberty of individuals, reiterating that extensions affecting default bail rights must be conducted in the presence of the accused. The court directed the release of the petitioners on default bail, subject to furnishing appropriate bonds, and clarified that this decision does not reflect on the merits of the case.
Bottom Line:
Accused's presence is mandatory, either physically or virtually, when the Court considers a request for extension of time to file the challan as it directly affects their right to default bail under Article 21 of the Constitution.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Section 187(2), Article 21 of the Constitution of India.
Paras Thakur v. State Of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2851288
