NDPS Act - Commercial quantity - Accused entitled to statutory bail upon expiry of 180 days

Court Criticizes Trial Court for Misconstruing Legal Requirements for Extending Detention Beyond 180 Days. Madras High Court Grants Bail, Corrects Misinterpretation of NDPS Act Provisions

In a significant decision, the Madras High Court's Madurai Bench has granted bail to the petitioners, Manikandan @ Gold Mani and others, in a case involving serious offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The order, passed by Justice Sunder Mohan, highlights critical lapses by the lower court in interpreting statutory provisions concerning the extension of detention.

The petitioners, involved in a case registered under Sections 8(c), 20(b)(ii)(C), 25, and 29(1) of the NDPS Act, were arrested in January 2025. With their statutory 180-day investigation period expiring in July 2025, the prosecution sought additional time to file the final report. The Additional District Judge for EC and NDPS Act Cases, Pudukkottai, extended this period by two months, leading to the denial of statutory bail to the accused.

The High Court scrutinized the Public Prosecutor's report, which failed to present compelling reasons justifying further detention beyond the statutory period. The report merely mentioned awaiting certain procedural elements such as FSL reports and toll plaza details but lacked specificity in justifying the need for extended detention.

Justice Sunder Mohan emphasized that the trial court misinterpreted Section 36A(4) of the NDPS Act, which allows for detention extension only if compelling reasons are provided. The court underscored that administrative delays, like pending FSL reports, do not constitute valid grounds for detention extension in the absence of significant investigative progress or compelling circumstances.

The judgment refers to the precedents set by the Full Bench of the Calcutta High Court and previous rulings of the Madras High Court, which mandate that extensions under Section 36A(4) require detailed justification of investigative progress and compelling reasons.

Consequently, the Madras High Court set aside the trial court's orders, granting bail to the petitioners with strict conditions, including executing a bond, regular court appearances, and identity verification measures.

This judgment serves as a critical reminder of the judiciary's role in safeguarding statutory rights and ensuring that procedural lapses do not infringe upon the liberties of the accused.

Bottom Line:

NDPS Act - Extension of investigation period beyond statutory 180 days under Section 36A(4) - Public Prosecutor's report must justify further detention with compelling reasons - Misconception of law by trial courts regarding scope of application under Section 36A(4).

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Code of Criminal Procedure, 1973, Section 167(2).

Manikandan @ Gold Mani v. State of Tamilnadu, (Madras)(Madurai Bench) : Law Finder Doc id # 2806340