Madras High Court
Pindi Rajubabu vs The State: Rep.By The Inspector Of ... on 27 January, 2023
Crl.RC No.121 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 27.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.RC No.121 of 2023
Pindi Rajubabu ... Petitioner
Vs.
The State: Rep.by the Inspector of Police,
N-1, Royapuram Police Station,
Chennai.
(Crime No.80/2022) ... Respondent
Prayer: Criminal Revision Petition filed under Section 397 & 401
Cr.P.C. to call for the records relating to the order dated 29.08.2022 in
Crl.M.P.No.3658/2022 in CC No.145/2022 passed by the learned
Special Judge, I Additional Special Court for Exclusive Trial of Cases
under NDPS Act, Chennai and set aside the same.
For Petitioner : Mr.G.Mageshkumar
For Respondent : Mr.V.Meganathan,
Government Advocate (Crl. Side)
Page 1 of 8
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Crl.RC No.121 of 2023
ORDER
This petition has been filed to set aside the order dated
29.08.2022 passed in Crl.M.P.No.3658/2022 in CC No.145/2022 by
the learned Special Judge, I Additional Special Court for Exclusive Trial
of Cases under NDPS Act, Chennai.
2. The respondent police registered a case in Crime No.80/2022
for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 29(1)
of NDPS Act against A1 to A3 and petitioner herein is A2. The case of
the prosecution is that, on receipt of a secret information about the sale
of Ganja, the respondent police went to the scene of occurrence on
30.01.2022 at 8.00 a.m., where, the accused persons were found in
possession of 112 kgs of Narcotic substances (Commercial quantity),
and hence the above case was registered as stated above and the
contraband were seized. On the same day, the accused persons were
arrested and were confined to Judicial Custody. The petitioner/A3 and
other accused namely Yarapili Nagasuresh/A2, filed a bail petition
under Section 167(2) of Cr.P.C. in Crl.M.P.No.3658/2022 before the
Trial Court and it was dismissed by the Trial Court, vide order dated
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Crl.RC No.121 of 2023
29.08.2022. Challenging the above order, the petitioner filed the
present Criminal Revision Case to set aside the above order and to
grant bail to him
3. The learned counsel for the petitioner submitted that, the
investigating officer has not completed the investigation, within the
statutory period of 180 days and hence, as per Section 167(2) of
Cr.P.C., it is mandated to grant statutory bail to the petitioner. He
further submitted that, the respondent police filed the final report only
on 03.082022 and it was taken on file by the learned Special Judge,
I Additional Special Court for Exclusive Trial of Cases under NDPS
Act, Chennai as Calender Case No.145/2022 and to support his
argument, he filed the Case Status. He also submitted that, since the
respondent police failed to file the final report, within the statutory
period and filed the final report only on 03.08.2022, the petitioner is
entitled for statutory bail. However, without considering the legal
aspects, the Trial Court has erred in dismissing the bail petition in
Crl.M.P.o.3658 of 2022, vide order dated 29.08.2022 and hence, the
above order has to be set aside the petitioner may be granted bail.
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Crl.RC No.121 of 2023
4. Mr.V.Meganathan, learned Government Advocate (Crl.Side)
takes notice for the sole respondent and submitted that, the
investigating officer filed final report on 03.08.2022 and the same was
taken on file as C.C.No145/2022 by the learned Special Judge, I
Additional Special Court for Exclusive Trial of Cases under NDPS Act,
Chennai.
5. Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl.Side) appearing for the sole respondent and
I have perused the materials on record.
6. A perusal of the records reveals that the respondent police
registered a case in Crime No.80/2022 against A1 to A3 for the offences
punishable under Sections 8(c) r/w 20(b)(ii)(C), 29(1) of NDPS Act
and petitioner herein is A2. According to the respondent police, the
accused persons were found in possession of 112 kgs of Narcotic
substances, which is commercial in nature and the contraband were
seized and the accused persons, including the petitioner herein, were
arrested and confined to Judicial Custody on 30.01.2022. After expiry
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Crl.RC No.121 of 2023
of 180 days, the petitioner/A3 along with A2, filed a bail petition in
Crl.M.P.No.3658/2022 on 01.08.2022 before the Trial Court under
Section 167(2) of Cr.P.C. and it was dismissed by the Trial Court, vide
order dated 29.08.2022. In the case status filed by the counsel for the
petitioner, it is mentioned that the final report was filed on 03.08.2022
with filing No.4102/2022, i.e. subsequent to the filing of bail
application. Therefore, it is clear that, the investigating officer has not
filed the final report within 180 days, as mandated under Section
167(2) of Cr.P.C.
7. At this juncture, it is worthwhile to point out that, as per the
dictum laid down by the Constitution Bench of our Honourable
Supreme Court in the case of Sanjay Dutt Vs. State Through B.I,
Bombay (II) (1994(5) SCC page 410) which has been re-affirmed by
subsequent judgment of the Supreme Court in State of Madhya
Pradesh Vs. Rustam, reported in 1995 SCC Crl.830, if an accused
filed an application, on the expiry of the period contemplated under the
proviso to sub section (2) of Section 167 Cr.P.C., and offering him to
release him on bail, no charge sheet had been filed by the respondent
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Crl.RC No.121 of 2023
police, then the accused has to be released on bail and the right
conferred upon him under the aforesaid provision of Cr.P.C., must be
enforced. Therefore, in view of the above discussions, the order of the
trial court is unsustainable and the same is liable to be set aside.
8. Accordingly, this Criminal Revision Case is allowed by setting
aside the impugned order passed by the Trial Court in Crl.M.P.No.3658
of 2022 in C.C.No.145 of 2022 dated 29.08.2022, with the following
conditions.
(i) The petitioner is directed to be enlarged on bail on condition
that the petitioner shall execute a bond for a sum of Rs.25,000/-
(Rupees twenty five thousand only) with two sureties each for a like
sum to the satisfaction of the learned the I Additional Special Judge
for Exclusive Trial of Cases under NDPS Act, Chennai.
(ii) The petitioner and the sureties shall affix their photographs
and Left Thumb Impression in the surety bond and the Trial Court may
obtain a copy of their Aadhar card or Bank pass Book to ensure their
identity.
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Crl.RC No.121 of 2023
(iii) The petitioner shall appear before the Trial Court, on all
hearing dates.
27.01.2023
Index:Yes/No
Internet:Yes/No
mst
To
1. The I Additional Special Judge for Exclusive Trial of Cases
under NDPS Act, Chennai.
2. The Superintendent, Central Prison, Puzhal.
3.The Public Prosecutor, High Court, Madras.
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Crl.RC No.121 of 2023
V.SIVAGNANAM, J.
mst
Crl.RC No.121 of 2023
27.01.2023
https://www.mhc.tn.gov.in/judis
