Lawstreet Journal

Application Seeking Time Extension for Investigation under the NDPS Act, 1985 Not Maintainable If Progress of Probe Not Disclosed: Bombay High Court

Lawstreet Journal 24 Aug 2020 11:21pm

Image courtesy: Lawstreet Journal Judiciary Application Seeking Time Extension for Investigation under the NDPS Act, 1985 Not Maintainable If Progress of Probe Not Disclosed: Bombay High Court

The Bombay High Court held that an application asking for an extension of time for investigation under the Narcotic Drugs & Psychotropic Substances Act, 1985, is not maintainable if it is not correspondence with the requirements of the provision of sub-section 4 of Section 36A OF The NDPS Act, 1985. 

One of the requirements of the report for the extension is that it should come up with the progress of the investigation. 

As per the Section 36A(4), the court can extend the time for investigation for 180 days, and can further extend beyond 180 days on the notice of the public prosecutor 'disclosing the progress of the investigation' and 'specifying the reasons for the extension' of the accused beyond the said period of 180 days. 

In the present instant case - Nayantara Gupta vs. the State of Maharashtra - the applicant was arrested on 12.11.2019 for offenses under the NDPS Act including the commercial activity. On May 11, 2020, the Prosecutor applied for the extension of time for an investigation. The Special Court didn't pass any order on the merits of the application and kept it pending due to the suo moto request passed by the Supreme Court on March 23 extending the limited time frame. The following day, the applicant moved an application looking for default bail. On May 15, the Special Court excused the application, holding that the ideal opportunity for test stood extended in the light of SC order extending limitation.

Challenging this, the applicant moved to the High Court. 

The HC… Continue Reading...


Tagged: NDPS  
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