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SUBBA REDDY SATTI
Milliudhan Singh – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Subba Reddy Satti, J. - This is an application filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to enlarge the petitioners on bail.
2. The petitioners are A1 to A4 in crime No. 157 of 2021 of Garugubilli Police Station, Vizianagaram, registered for the offences punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act').
3. The case of the prosecution is that on 21.12.2021, while the petitioners were transporting 110.825 Kgs of ganja in an auto-rickshaw, they were apprehended at Sunki Village, 'Y' Junction of Parvathipuram along with the said ganja. Police seized the contraband from their possession. The petitioners were arrested and sent to judicial custody on 21.12.2021.
4. Heard Sri B. Rama Shankar Rao, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-state.
5. Learned counsel for the petitioners submits that petitioners are innocent and if the ganja is apportioned among the petitioners each one's share comes to 19 Kgs, which is not commercial quantity. He submits that petitioners are l
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.
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.
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....
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 right to default bail under Section 167(2) Cr.P.C. is absolute if the investigation is not completed within the stipulated time, necessitating a public prosecutor's report for any extension.
The right to default bail is an indefeasible right linked to Article 21 of the Constitution and is subject to the law and procedure laid down by the Legislature.
The right to default bail under Section 167(2) Cr.P.C. is absolute and must be granted if the prosecution fails to file a challan within the stipulated time, as per Section 36A(4) of the NDPS Act.
The possession of a commercial quantity of contraband under the NDPS Act can invoke the bar under Section 37, impacting the entitlement to bail.
Point of Law : Bail - Right of statutory bail under Section 167(2)Cr.P.C. is an indefeasible right.
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