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SUBBA REDDY SATTI
Manmohan Patel – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Subba Reddy Satti, J. - Accused Nos. 2 and 3 in Crime No. 81 of 2021 of Mothugudem Police Station, East Godavari District, filed the above criminal petition under Section 437 and 439 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') seeking regular bail.
2. The case of the prosecution is that Sub Inspector of Police, Mothugudem Police Station along with staff during vehicle check on 07.11.2021 at about 4.00 p.m. at Godlagudem village of Chinturu Mandal, apprehended A-2 to A-6 and seized 1000 Kgs of Ganja in 40 plastic bags, each containing 25 Kgs, all worth Rs. 30 lakhs. The said contraband was being transported in a Lorry bearing No. UP70 GT 7162 piloted by a Royal Enfield motorcycle bearing No. AP37 BP 101 and Hero Glamour motorcycle bearing No. OD30 D 3800. Police seized the vehicles and other material along with contraband under the cover of mediators report by following due procedure. A-2 to A-6 were arrested on 07.11.2021 and sent to judicial custody on 08.11.2021. Basing on the same, the above crime was registered for the offence punishable under Section 8 (c) r/w 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
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An accused who is entitled to be released on bail under Section 167(2) of the Code must file an application before the jurisdictional court claiming the statutory right under Section 167(2) of the Co....
The failure of the prosecution to file a charge sheet within the stipulated time under Section 36(A) of the NDPS Act and Section 167(2) of the Cr.P.C. entitles the accused to default bail.
An accused is entitled to default bail under Section 167(2) of Cr.P.C. if charge sheet is not filed within 180 days as contemplated under Section 36-A(4) of the NDPS Act.
Where charge-sheet is not filed within 180 days as contemplated under Section 36-A(4) of NDPS Act and even within extended time, indefeasible right accrues to petitioners to seek bail under Section 1....
Supreme Court diluted rigour under Section 37 in a case involving commercial quantity of narcotic substance on ground that accused had no criminal antecedents and he was in custody for 2 ½ years and ....
The possession of a commercial quantity of contraband under the NDPS Act can invoke the bar under Section 37, impacting the entitlement to bail.
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 i....
Point of Law : Bail - Right of statutory bail under Section 167(2)Cr.P.C. is an indefeasible right.
The right to default bail under Section 167(2) of Cr.P.C. is an indefeasible right of the accused, integral to the right to personal liberty under Article 21 of the Constitution. Prolonged detention ....
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