The maximum period of 180 days which is being granted to the investigating agency to complete the investigation in the case wherein the prosecution is for the offence under UAPA is not something in the form of a package that everything has to be completed including obtaining of sanction within this period of 180 days. As observed above, the investigating agency has nothing to do with sanction. Sanction is altogether a different process. Sanction is accorded, based on the materials collected by the investigating agency which forms the part of the final report under Section 173CrPC. The investigating agency gets full 180 days to complete the investigation. To say that obtaining of sanction and placing the same along with the charge-sheet should be done within the period of 180 days is something which is not only contrary to the provisions of law discussed above, but is inconceivable." {Para 53}
37. In view of the above judgments of the Supreme Court and this Court, the filing of the chargesheet against the Applicant in the present case, without sanction under Section 39 of the Arms Act, does not render the said chargesheet incomplete under Section 193(3) of the BNSS. Consequently, the case of the Applicant that it is entitled to default bail under Section 187(3) of the BNSS, is without any merit as obtaining sanction is not contemplated under the said provision.
IN THE HIGH COURT OF DELHI
Bail Appln. 1713/2025
Decided On: 25.06.2025
Suraj Kanojia Vs. State Govt of Nct of Delhi
Hon'ble Judges/Coram:
Tejas Karia, J.
Citation: MANU/DE/4621/2025.
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