Madras High Court grants Statutory bail and Says accused has the right to be released in a NDPS case.
TITLE. Vimala Devi Vs. State by The Inspector of Police
Decided On: September 5, 2023.
Criminal Original Petition No.20387 of 2023
CORAM: Hon’ble Mr. Justice N. Anand Venkatesh.
Facts:
The petitioner filed an Petition to direct the learned Special Judge for EC/NDPS Act cases at Salem to accept the statutory bail petition u/s.167(2) Cr.P.C. of this petitioner. The First Information Report has been registered against the petitioner for offence u/s.8(c) r/w Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested and remanded to judicial custody on 14.06.2023. The petitioner filed a petition u/s.167(2) Cr.P.C. on the 71st day i.e. on 24.08.2023. The Court below refused to entertain this petition on the ground that the statutory period has not come to an end.
Legal Analysis and Decision:
The offence for which the First Information Report has been registered against the petitioner is punishable for a term, which may extend to 10 years. The Apex Court in Rakesh Kumar Paul v. State of Assam [2017 (3) MWN (Crl.) 1] has categorically held that an offence punishable with a minimum imprisonment of 10 years alone is covered under 90 days
and the punishment that may extend to 10 years will fall under the category of 60 days. In view of the same, the present case where the punishment extends up to 10 years, the final report ought to have been filed within a period of 60 days. Admittedly, the final report was not filed within 60 days and it was filed only after the petitioner had filed petition u/s.167(2) Cr.P.C. In view of the same, the Court below ought to have entertained the petition since the petitioner has the right to be released on statutory bail.
The Statutory bail was granted by imposing the following conditions:
- The petitioner shall execute a bond for a sum of Rs.10,000/- [Rupees TenThousand only] with two sureties for the like sum to the satisfaction of the Special Judge for EC/NDPS Act cases at Salem.
- The petitioner shall report before the respondent police daily at 10.30
m. until further orders. - On breach of any of the aforesaid conditions, learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself
- If the accused thereafter absconds, a fresh FIR can be registered underSection 229A IPC.
Conclusion:
The court granted the statutory bail to the petitioner after considering the various precedents of the apex court and also by imposing few conditions on the petitioner the bail was granted to the petitioner.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.
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