Telangana High Court
Shaik Nawazuddin A3 And 2 Others vs The State Of Telangana on 12 December, 2022
Bench: K.Surender
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.
Crl.Petition No.10985 of 2022
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.
AIR 2022 SC 902
Crl.Petition No.10985 of 2022
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,
(2019) 14 SCC 599
Crl.Petition No.10985 of 2022
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
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