SC grants bail to man booked under UAPA as chargesheet not filed within stipulated period

New Delhi, Dec 5 (PTI) Taking serious exception to a man being jailed for two years without commencement of trial for allegedly possessing counterfeit currency notes, the Supreme Court on Friday granted bail to him saying he cannot be jailed for an indefinite period.

Terming the custody as "illegal", a bench of Justices Vikram Nath and Sandeep Mehta pulled up the Assam Police for not filing the chargesheet within the statutory period under the Unlawful Activities (Prevention) Act, 1967 (UAPA). It said the maximum period for filing a chargesheet after 90 days can be extended to 180 days under the law with the permission of the court.

"Whatever be the stringent provisions under UAPA, the law does not provide for illegal custody. This is appalling.

"For two years, you did not file the chargesheet and the man has been in custody? This is, in fact, illegal custody. You consider yourself to be the premier investigating agency of the country?" the bench told the counsel appearing for the Assam government.

The counsel said that the accused, Tonlong Konyak, was actually a Myanmar citizen and was found to be in the possession of counterfeit Indian currency and was booked in numerous cases.

The bench noted that he was granted default bail in two other cases where chargesheet was not filed within the stipulated period and pointed out that under section 43D of the UAPA, the time for filing a chargesheet can be extended by express order of the court to a maximum of 180 days.

Justice Mehta asked the counsel what prevented the police from filing the chargesheet and said it was a case of default bail.

The counsel said that there were other co-accused in the matter, who are absconding.

"You cannot keep a person in custody for an indefinite period. If the chargesheet is not filed within the stipulated period under the law, he has to be granted default bail," Justice Mehta said.

While granting the accused bail, the bench said, "In the present case, the custody of the petitioner has continued for more than two years and hence, by no stretch of imagination can the same be said to be legal." According to the prosecution, Konyak was arrested in the case on July 23, 2023 by the Assam Police while allegedly being in possession of counterfeit Indian currency notes of Rs 3.25 lakh.

The top court noted that in the present case, Konyak was taken into custody in July, 2023 by a production warrant and the chargesheet was filed only on July 30 this year.

On December 20, last year, the Gauhati High Court refused to grant him bail in the case while noting that he had entered India illegally and was not entitled to default bail in terms of section 43D(7) of UAPA.

It said that the accused did not point out any exceptional circumstances to justify release on bail. PTI MNL MNL KSS KSS