Extension Granted for Filing Challan in Absence of Accused Violates Article 21; Order Set Aside: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that granting extension of time to file a chargesheet under the Narcotic Drugs and Psychotropic Substances Act, 1985 without producing the accused or giving them an opportunity of hearing is a gross illegality. The Court ruled that such an order violates the accused persons’ indefeasible right to default bail and infringes Article 21 of the Constitution of India, which guarantees personal liberty.…