Public Prosecutor Is Not A “Post Office” Of Probe Agency, Says High Court

A copy of the judgement turned obtainable on Tuesday.

New Delhi:

A prosecutor isn’t a “post office” of the investigating company and will type unbiased opinion earlier than in search of extension of time to submit a cost sheet, the Bombay High Court has mentioned whereas granting bail in a medicine case.

Justice Bharati Dangre handed the order on September 6 on a plea filed by Shlok Todankar who had sought ‘default’ bail on the bottom that the prosecution had didn’t file cost sheet inside the stipulated 180 days.

A copy of the judgement turned obtainable on Tuesday.

The excessive courtroom referred to the supply of the Narcotic Drugs and Psychotropic Substances (NDPS) Act {that a} courtroom could lengthen the 180-day interval for submitting of cost sheet if the prosecutor submits a report on the progress of the investigation and provides a purpose for the detention of the accused past the 180-day interval.

“In the present case, it can be seen that the public prosecutor never submitted the report but the investigating officer directly preferred an application before the court,” Justice Dangre mentioned.

“The legislature intentionally contemplated submission of the report by the public prosecutor (while enacting the NDPS Act)…The legislature purposely did not leave it to an investigating officer to make the application for seeking extension of time,” the order mentioned.

“It has been time and again reiterated that the public prosecutor is neither the post office of the investigating agency nor he or she is a forwarding agency,” Justice Dangre added.

The prosecutor ought to apply thoughts and submit a report on whether or not there are any causes to detain the accused additional, she mentioned.

“An important duty is cast on the public prosecutor to prepare his or her own independent report to assist the court to decide whether the time period of the custody of the accused needs to be extended,” the HC mentioned.

Todankar was arrested in April 2021 after the Anti-Narcotics Cell allegedly recovered 17 LCD papers and 1.10 kg of ganja from him.

As per the Code of Criminal Procedure, a cost sheet ought to have been filed by October 2021 (inside 180 days), however in September 2021, an assistant police inspector of ANC forwarded an utility to the Justice of the Peace’s courtroom in search of an extension of 60 days.

(Except for the headline, this story has not been edited by NDTV employees and is revealed from a syndicated feed.)

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