13/01/2023
2022 (3) ALT (Crl.) 504 (T.S.)
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SURENDER, J.
Criminal Petition No. 6332 of 2022-
Decided on 2-8-2022.
Chiluka Saidi Reddy v. State of A.P., rep.by its Public Prosecutor, High Court for the State of A.P, Hyderabad
Criminal Procedure Code, 1973, Sections 167, 437 and 439 —Narcotic Drugs And Psychotropic Substances Act, 1985, Sections 8, 20 (B)(ii) (C) and 37—Right of Bail—When the charge sheet was not filed within the extended period, right of bail accrues to the accused—In case of a bail application being filed after expiry of statutory period which is 180 days or the extended period as ordered by the Court and before filing charge sheet, the Court has no other option but to release the accused on bail as of right under Section 167 CRPC —If bail application is filed after charge sheet is filed though after expiry of statutory period, accused not entitled to statutory bail — Requirements under Section 37 of NDPS Act have to be met before grant of bail —Charge sheet not filed within the statutory period—Right of bail under 167 CRPC extinguished — Petitioner/Accused No. 2 not entitled to be released on bail under 167 CRPC —Criminal Petition dismissed.
(Paras 9, 11, 12 and 13)
ALT (Criminal) 2022(3) ALT (Crl.) Part- 12.
