Right to Statutory Bail Accrued, Can’t Be Denied: Madras HC Grants Bail in NDPS Case

The High Court of Madras today set aside the lower court’s dismissal of a statutory bail application, emphasizing the accused’s right to bail due to the delay in filing the charge sheet and the absence of an extension order at the time of the bail application.

Legal Point of Judgement: The court focused on the right to statutory bail under Section 167(2) of the Cr.P.C., which is invoked when a charge sheet is not filed within the stipulated 180 days in NDPS cases. The court also addressed the fundamental right to personal liberty under Article 21 of the Constitution, emphasizing that delays in judicial processes should not infringe on this right.

Facts and Issues: The petitioner, Pothuraju Sheshu, was arrested on May 2, 2023, for possession of a commercial quantity of Ganja under the NDPS Act. The charge sheet was not filed within the prescribed 180 days. The petitioner applied for statutory bail on the 186^th day, following an unsuccessful extension request by the prosecution on the 177^th day.

Court’s Assessment: The court, drawing from precedents set in the “M.Ravindran Versus Intelligence Officer” and “Judgebir Singh @ Jasbir Singh Samra @ Jasbir & Ors.” Cases, highlighted several key points:

An accused’s right to statutory bail is an indefeasible part of the right to personal liberty.

Extension of time for investigation by the prosecution requires notice to the accused.

The right to statutory bail is unaffected by delayed decisions on bail applications or extensions.

The lower court’s delay in considering the extension petition and bail application resulted in the accused’s right to statutory bail being denied, which is against the legislative mandate.

Decision: The High Court granted statutory bail to Pothuraju Sheshu, setting aside the earlier order of the Principal Special Judge for NDPS Act, Chennai. The court imposed conditions for the bail, including a bond of Rs.10,000, non-tampering with evidence, monthly appearance before police, non-absconding, and potential action under Section 229-A IPC for absconding.

Date of Decision: 15th February 2024

POTHURAJU SHESHU VS THE INSPECTOR OF POLICE