IMPORTANT POINT
The court established that failure to produce an arrested individual before a magistrate within 24 hours violates legal rights, impacting bail eligibility.

ORDER :

V.R.K. Krupa Sagar, J.

1. This Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 437 and 439 of Cr.P.C) filed by the petitioners/A1 and A2 to grant regular bail in F.No.DRI/HZU/VRU/48/ENQ-1(INT-1)/2024 pending on the file of the learned Principal Judicial First Class Magistrate, Rajamahendravaram registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances, Act 1985 (for short, ‘the NDPS Act’).

2. Heard arguments of Sri D.Subash, the learned counsel for petitioner and Ms. Shanti Chandra, the learned Standing Counsel for DRI and DGGI appearing on behalf of respondent.

3. A perusal of the record shows that by virtue of receiving credible information, it was on 15.02.2024 at about 08.45 pm, the D.R.I officers and staff mounted surveillance on NH16 road towards Vijayawada on Chennai-Kolkata High way and near new Swagat Hotel, Dhaba-2, Gidavari 4th bridge, Diwancheruvu, Rajamahendravaram. They noticed a water tanker attached with a tractor bearing No.AP 05 CB 1639 with two persons. They also noticed two individuals on a motor cycle bearing No.AP 31 DW 8700 closely escorting the tractor. All of them were intercepted by the DRI Officers and on search of the tanker, they found 790.73 Kgs of Ganja in it. All the four persons who are arrayed as A1 to A4 were arrested and the contraband was seized along with vehicles in the presence of mediators. All the accused were arrested on 16.02.2024 and thereafter, they were remanded to judicial custody on 17.02.2024. The petitioners herein preferred regular bail in Crl.M.P.No.1039 of 2024 and the same was dismissed by the learned Special Sessions Judge for Trial of the Cases under the NDPS Act – cum - I Additional Sessions Judge, East Godavari, Rajamahendravaram. Thereafter, they moved this criminal petition before this court seeking regular bail.

4. The principal contention raised on behalf of the petitioners is that these accused having been arrested, the respondent were under law bound to produce them before the competent Magistrate within 24 hours and the same was not done and that is in violation of Sections 57 and 167 CrPC and in violation of the Fundamental Right contained in Article 22(2) of the Constitution of India. Learned counsel further submits that even though there was an order of Judicial Magistrate of the First Class, remanding these accused and subsequently, the investigation progressed and resulted in filing of charge sheet/complaint, the initial illegality could not get cured and petitioners are entitled for bail. In this regard, reliance is placed on Prabir Purkayastha V. State (NCT of Delhi), 2024 INSC 414 and State of Punjab V. Balbir Singh, 1994 SCC (3) 299.

5. As against the above, learned standing counsel for DRI and DGGI appearing for respondent filed a counter and submits that there was no violation of statute and precedent and within 24 hours of formal arrest, the petitioners were produced before the learned Judicial Magistrate of the First Class and on 12.08.2024, the investigation was concluded so far as A1 to A4 were concerned and a complaint/charge sheet was also laid before learned Special Court for Trial of offences under NDPS Act – cum - I Additional Sessions Judge, Rajamahendravaram and that became S.C.No.144 of 2024 and the prosecution is ready to proceed with the trial of the case. In a heinous crime like the present, the petitioners are not entitled for bail as nothing on record would indicate any reasonable grounds to presume that these petitioners are innocent and are not guilty and therefore by virtue of the bar contained in section 37 of the NDPS Act, the bail plea cannot be conceded by this court. It is further submitted that these petitioners though stated for themselves that they are innocents, the fact remains that they were involved in similar crimes on earlier occasions. Learned standing counsel submits that A1/Sri Eepu Ram