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CHILLAKUR SUMALATHA
Kampati Phani Kumar – Appellant
Versus
Union of India – Respondent
ORDER :
1. Heard the submission of Sri V. Gopalakrishna Gokhley, learned counsel for the petitioner/Accused No. 5 and also Sri B. Narasimha Sarma, learned Special Public Prosecutor for Narcotic Bureau.
2. Seeking to quash the order that is rendered by the Court of Metropolitan Sessions Judge-cum-Special Judge for NDPS Cases, Medchal-Malkajgiri District, in Crl. M.P. No. 1673 of 2022 in Crime NCB F. No. 48/1/10/2021/NCB/SUB-ZONE/HYD, dated 12.07.2022, the present Criminal Petition is filed.
3. The petitioner, who is arrayed as Accused No. 5 moved an application for grant of bail under Section 439 Cr.P.C. r/w. Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity “NDPS Act”) r/w. Section 167(2) Cr.P.C. The trial Court, through order in Crl. M.P. No. 1673 of 2022 in Crime NCB F. No. 48/1/10/2021/ NCB/SUB-ZONE/HYD, dated 12.07.2022, dismissed the said application. Aggrieved by the same, the petitioner approached this Court seeking to quash the said order.
4. Learned counsel for the petitioner/Accused No. 5 submits that the petitioner was remanded to Judicial custody and he was in Judicial custody pending investigation and the respondent failed to file charge sheet
The main legal point established in the judgment is that once a charge sheet is filed within the prescribed time, the accused cannot claim statutory bail on the ground that investigation against othe....
The accused has a constitutional right to default bail when statutory time limits for investigation are exceeded, and the absence of procedural safeguards in extension requests constitutes a violatio....
The right to default bail under Section 167(2) is a constitutional guarantee that cannot be infringed by procedural lapses in extending investigation periods.
The right to default bail under Section 167(2) is indefeasible and cannot be circumvented by the filing of a charge-sheet after the statutory period.
The main legal point established in the judgment is that the pending FSL report does not render the charge sheet incomplete, and the determination of the accused's involvement in the offence is a mat....
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the prosecutor's obligations in seeking extension of time under S....
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