Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Statutory Bail Under Section 167(2) CrPC | statutory bail is an 'indefeasible right' under Section 36A (4) of the NDPS Act: Kerala High Court

13 September 2024 4:16 PM

By: Deepak Kumar


On September 11, 2024, the Kerala High Court, under the stewardship of Justice C.S. Dias, delivered a significant judgment in Bail Application No. 6391 of 2024. The case pertained to an alleged offence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, with the petitioner being charged with possession of methamphetamine. The court granted statutory bail to the petitioner, underscoring his right to bail as a consequence of the delayed filing of the investigation report.

The petitioner, Shamseer K., was arrested on July 8, 2024, in connection with Crime No. 883/2024 of the Manjeri Police Station, Malappuram, Kerala. He, along with a co-accused, was found in possession of 37.080 grams of methamphetamine, which is classified as an intermediate quantity under the NDPS Act. The petitioner had been in judicial custody since his arrest.

The prosecution initially charged the accused under Sections 22(c) and 29 of the NDPS Act for possessing what was initially believed to be MDMA. However, a chemical analysis report submitted by the Regional Chemical Examiner’s Laboratory, Kozhikode, on September 5, 2024, revealed that the substance in question was methamphetamine and not MDMA.

The core legal issue revolved around whether the petitioner was entitled to statutory bail under Section 167(2) of the Criminal Procedure Code (CrPC), as read with Section 36A(4) of the NDPS Act. Statutory bail is granted if the investigating agency fails to submit a charge sheet within the prescribed time limits—90 days in cases involving intermediate quantities of contraband.

The petitioner argued that the investigation had not been completed within the stipulated time, entitling him to statutory bail. The petitioner further claimed that the substance involved was of intermediate quantity, thus reducing the maximum punishment to 10 years.

Justice C.S. Dias, in his judgment, noted that since the chemical analysis confirmed the substance as methamphetamine, the quantity involved was intermediate. Under Section 167(2) of the CrPC, read with Section 36A(4) of the NDPS Act, the court determined that the investigation was incomplete and the final report had not been filed, making the petitioner eligible for statutory bail.

The court reiterated that the "indefeasible right" to statutory bail arises when the investigation is not completed within the time prescribed under law. Citing landmark rulings from the Supreme Court, including Sanjay Dutt v. State through C.B.I. and Uday Mohanlal Acharya v. State of Maharashtra, Justice Dias emphasized the legal right of the accused to be released on bail if the investigating authorities fail to complete their work in the stipulated period.

Justice Dias granted bail to the petitioner, imposing stringent conditions to ensure compliance. The petitioner was directed to execute a bond of Rs. 1,00,000 with two solvent sureties and report to the Investigating Officer regularly until the trial's conclusion. The court also set conditions to prevent tampering with evidence or committing further offences while on bail.

The decision underscores the importance of procedural safeguards in narcotics cases, particularly concerning the right to statutory bail under Section 167(2) CrPC when the investigation remains incomplete.

Date of Decision: September 11, 2024

Shamseer K. v. State of Kerala

Latest Legal News