Record time when challan is presented, court tells judges

Saurabh Malik

Tribune News Service

Chandigarh, August 17

The Punjab and Haryana High Court has directed all the district and sessions judges in Punjab, Haryana and Chandigarh to ensure that the time of presenting challan before the court in criminal cases is recorded by judicial officers.

The timing of presentation of challan or final investigation report is crucial as failure to present it within the stipulated period gives an accused an “indefeasible right” to get default bail in the absence of time extension by the court

The direction came in a drugs case where the accused was denied default bail as the challan was presented five minutes before the bail application was registered. A challan in a criminal case is presented before the illaqa magistrate in the first instance. He, in turn, forwards the challan to the court concerned. In case of controversy over the timing of filing the challan, a report from the ahlmad is called for.

Dismissing a petition filed by Nirmal Singh aka Nimma against the Punjab government, Justice Gurvinder Singh Gill asserted that it was desirable that there was no ambiguity in record pertaining to the time of presentation of challan in the courts.

Elaborating, Justice Gill added the time factor, in certain circumstances, conferred an invaluable right to accused to seek release on bail. As such, it would certainly be helpful in case the presiding officer before whom the challan was presented in the first instance mentioned time of receipt of challan.