Back
SUBBA REDDY SATTI
Pagidala Parvathalu – 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 A7 and A8 in crime No. 76 of 2021 of Moothugudem Police Station, East Godavari District, registered for the offences punishable under Section 8(c) read with 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 26.10.2021, at about 4:00 pm, while Police were conducting vehicle check at Sukumamidi Bridge, Near Mothugudem Village, Chinturu Mandal, they found A6 to A8 in possession and transportation of 2000 Kgs of ganja in 80 bags in an Eicher Van bearing No. TS 12 UA 9816 from Sukumamidi forest area to Hyderabad, which was piloted by A6 by Honda I20 Asta car bearing No. AP 37 CB 8888. Police seized the contraband along with vehicles and other material under mediator's report. The petitioners were arrested on 26.10.2021 and they were sent to judicial custody on 27.10.2021.
4. Heard Smt. Ch. Ganga Kumari, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistan
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....
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.
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 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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
