Case Note & Summary
The petitioner, Shivaraj Urs, accused No.2 in Special CC No.1197/2019 pending before the Special Judge for NDPS cases, Bengaluru, filed a criminal petition under Section 439 Cr.P.C. seeking bail. The case was registered by the Narcotic Control Bureau, Bangalore Zonal Unit, for offences punishable under Section 8 read with Sections 22, 28, 29, and 32B(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The core legal issue was whether a prayer for default bail under Section 167(2) Cr.P.C. can be considered after the trial judge has taken cognizance of the offences based on a complaint filed under Section 36A of the NDPS Act. The petitioner argued that the charge sheet was not filed within the prescribed period, entitling him to default bail. The respondent, Union of India through NCB, opposed the bail. The court, after hearing both sides, held that the right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that accrues upon the failure of the investigation to be completed within the prescribed period. This right can be exercised even after cognizance is taken, provided the accused has not been released on bail earlier. The court further held that Section 36A of the NDPS Act does not override the provisions of Section 167(2) Cr.P.C., and the special procedure under the NDPS Act does not exclude the application of default bail provisions. Consequently, the court allowed the petition and granted bail to the petitioner.
Headnote
A) Criminal Procedure Code - Default Bail - Section 167(2) Cr.P.C. - Right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that accrues upon failure of investigation to complete within prescribed period - The right can be exercised even after cognizance is taken, provided the accused has not been released on bail earlier - Held that the right to default bail is not extinguished by subsequent filing of charge sheet or taking of cognizance (Paras 2, 5-6). B) Narcotic Drugs and Psychotropic Substances Act - Default Bail - Section 36A NDPS Act - Section 36A of NDPS Act does not override the provisions of Section 167(2) Cr.P.C. - The special procedure under NDPS Act does not exclude application of default bail provisions - Held that the accused is entitled to default bail if charge sheet is not filed within 180 days (Paras 2, 5-6).
Issue of Consideration
Whether prayer for grant of bail under Section 167(2) of Cr.P.C. can be considered after the learned Trial Judge takes cognizance of offences alleged in the complaint filed under Section 36A of NDPS Act.
Final Decision
Petition allowed. Petitioner granted bail.
Law Points
- Default bail under Section 167(2) Cr.P.C. can be claimed even after cognizance if charge sheet not filed within prescribed period
- Section 36A NDPS Act does not override Section 167(2) Cr.P.C.
- Right to default bail is indefeasible
