Crl.Petition No.10985 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10985 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners- accused Nos.3, 8 and 9 seeking to set aside the order dated 26.11.2022 passed in Crl.M.P.No.3178 of 2022 by the learned Metropolitan Sessions Judge-cum-Designated Court for the Trial of Cases under NDPS Act, Ranga Reddy District.
2. Heard both sides. Perused the material on record.
3. The petitioners who are Accused Nos.3, 8 and 9 are questioning the correctness of the order of the learned Metropolitan Sessions Judge dated 26.11.2022 dismissing the application filed under Section 167(2) of Cr.P.C. seeking mandatory bail for the reason of charge sheet not being filed.
4. The petitioners were arrested on 22.05.2022 and as on 21.11.2022 the right accrues under Section 167 Cr.P.C. for the reason of completing 180 days or remand.
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5. On the application made by the petitioners, the learned Sessions Judge observed as follows:
"9. In our case, the investigation is completed and charge sheet was filed in conformity with the provisions of 173 Cr.P.C., but the same was returned for compliance of certain objections namely for filing of Lab Analysis report, which was already received and kept with the Investigating officer for depositing before the Property Disposal Committee and filing of certificate of inventory under section 52-A of the Narcotic Drugs and Psychotropic Substances Act, which is also stated to be prepared by the XIV Additional Metropolitan Magistrate, Hayathnagar, only for the compliance of the said omissions on the part of the investigating officer, to file the said documents, the charge sheet was not registered, but fact remains that the charge sheet is a complete form after completion of investigation in conformity with section 173 Cr.P.C. Therefore, the said decision has no relevancy and application to the facts and circumstances of the case on hand".
6. The learned Sessions Judge relied upon the judgment of the Hon'ble Apex Court in Serious Fraud Investigation Officer v. Rahul Modi and others (Criminal Appeal Nos.185-186 of 2022)1, wherein it was held that when the charge sheet was filed within time, there is statutory compliance of Section 167(2) of Cr.P.C. and the right does not accrue for bail.
1 AIR 2022 SC 902 Crl.Petition No.10985 of 2022 3
7. In the present case, when the charge sheet was filed and returned, the question of there being any charge sheet on the file of the Court does not arise. In the event of a charge sheet being filed and pending on the file of the said Court for compliance of any objections, the charge sheet would be deemed to be pending. However, if the charge sheet is returned without taking cognizance and there is no document which is filed under Section 173 Cr.P.C. pending before the concerned Court, it does not mean that charge sheet is filed.
8. In similar circumstances, the Hon'ble Supreme Court in case of Achpal @ Ramswaroop & another v. State of Rajasthan2 held that when the charge sheet was returned and there were no documents pending on the file of the said Court, the Court has no other option but to grant bail in terms of Section 167(2) of Cr.P.C.
9. In the judgment relied upon by the learned Sessions Judge no cognizance was taken, however, the charge sheet was pending on the file of the said Court. In the said circumstances, the Hon'ble Supreme Court held that the right to bail does not accrue. However, 2 (2019) 14 SCC 599 Crl.Petition No.10985 of 2022 4 the facts differ in the present case. The judgment in case of Achpal @ Ramswa (supra 2) squarely applies.
10. For the said reasons, the order dated 26.11.2022 passed in Crl.M.P.No.3178 of 2022 by the learned Metropolitan Sessions Judge-cum-Designated Court for the Trial of Cases under NDPS Act, Ranga Reddy District, is hereby set aside and the learned Sessions Judge shall decide the application on the basis of the observations made above.
11. Accordingly, the Criminal Petition is allowed.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 12.12.2022 ns