Bail Cancellation in Narcotics Case: Supreme Court Upholds High Court Order

The case of Venkatesan Balasubramaniyan & Ors. vs. The Intelligence Officer, DRI, Bangalore revolves around the cancellation of bail granted to the accused in a narcotics smuggling case. The Supreme Court was called upon to decide whether the High Court rightly cancelled the bail granted under Section 167(2) of the Cr.P.C.

Background of the Case

On January 11, 2018, a car carrying the appellants was intercepted by the Directorate of Revenue Intelligence (DRI) at a toll plaza in Telangana. Upon search, officers discovered 45.874 kg of Methaqualone, a narcotic substance. The accused were arrested under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and remanded in custody.

Legal Proceedings

• The accused were remanded for 180 days as per NDPS Act provisions.
• On July 12, 2018, the special court granted bail as the charge sheet had not been filed before the court within the stipulated time.
• However, the DRI had already filed a combined charge sheet in another court on July 6, 2018.
• The High Court cancelled the bail on the ground that the charge sheet was filed within the prescribed time.

Arguments of the Parties

The appellants argued that since the charge sheet was not presented before the special court in Hyderabad, they were entitled to default bail. They contended that the combined charge sheet filed in another court was irrelevant.

The respondent (DRI) maintained that the case was part of a larger narcotics investigation covering multiple jurisdictions. The High Court rightly cancelled the bail, considering the overall case and timely filing of the charge sheet.

Supreme Court’s Ruling

The Supreme Court upheld the High Court’s decision, affirming that the bail granted under Section 167(2) Cr.P.C. was erroneous as the charge sheet had been filed within the stipulated period. The Court allowed the accused to apply for regular bail.

Conclusion

This judgment reaffirms the principle that bail under Section 167(2) Cr.P.C. can be cancelled if it is granted due to miscommunication regarding the charge sheet. The ruling clarifies the application of default bail in multi-jurisdictional narcotics cases.

Petitioner Name: Venkatesan Balasubramaniyan & Ors..
Respondent Name: The Intelligence Officer, DRI, Bangalore.
Judgment By: Justice Ashok Bhushan, Justice R. Subhash Reddy, Justice M.R. Shah.
Place Of Incident: Hyderabad, Telangana.
Judgment Date: 20-11-2020.

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