The main legal point established in the judgment is that the failure of the police to file a charge sheet within the stipulated time period, as required by the NDPS Act, can be a significant factor in considering the grant of bail to the accused.

JUDGMENT

Lalitha Kanneganti, J. - This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A1 and A2 in connection with Crime No.1180 of 2020 of Chodavaram Police Station, Visakhapatnam for the offences punishable under Sections 20(b)(i) and 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

2. The case of prosecution is that on 28.12.2020, on receiving information about the illegal transportation of ganja, the Police, Chodavaram Police Station conducted check on the opposite side of the Police Station and found the petitioner in possession of 499 Kgs of dry ganja whilt transporting the same in a Bolero Maxi Truck bearing registration No.AP 03 TC 3634. Basing on the same the present crimes is registered, seized the property, arrested the petitioners and since 28.12.2020 the petitioners are languishing in jail.

3. Heard Sri G.Maheswara Rao, learned counsel for petitioners and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submits that the petitioners are languishing in jail for the last 200 days and as per Sectin 36 of the NDPS Act the Police have file charge sheet withint 180 days. Though petition was filed seeking extension of time for filing charge sheet the same was dismissed by the Court below. Therefore, the case of the petitioners may be considered for grant of bail.

5. Learned Assistant Public Prosecutor does not dispute that an application filed for extension of time was dismissed. He submits that the petitioners belong to the state of Bihar and if they are enlarged on bail, it will be difficult for securing their presence during the course of trial.

6. Taking into consideration the fact that the petitioners are languishing in jail for the last 200 days as well as the fact the Police failed to file charge sheet within 180 days and the extension petition filed by the Police was dismissed, this Court deems it appropriate to grant bail to the petitioners, however on certain conditions.

7. Accordingly, this Criminal Petition is allowed. The petitioners/ A1 and A2 shall be enlarged on bail in Crime No.1180 of 2020 of Chodavaram Police Station, Visakhapatnam, on execution of self bond for Rs.5,00,000/- (Rupees five lakhs only) each with two sureties for a like sum each to the satisfaction of the Court of the Judicial Magistrate of First Class, Chodavaram, Visakhapatnam.

8. Consequently, miscellaneous applications pending, if any, shall stand closed.