Minor Defects In Chargesheet Don't Entitle Accused To Default Bail: AP High Court Cancels Bail In Case Involving 808Kg Contraband

The Andhra Pradesh High Court has cancelled the statutory bail granted to three accused in a narcotics trafficking case involving over 808 kilograms of contraband (ganja), holding that minor procedural defects in the chargesheet cannot justify default bail when it was filed within the statutory time limit.Initially, the Directorate of Revenue Intelligence had conducted an operation on NH-16, where they had intercepted a carrier and a pilot car and seized around 808.18 kgs of ganja from the vehicles. Accordingly, they arrested the three accused (Accused 1, 2 and 3) for offences under the NDPS Act. However, the Trial Court granted them statutory bail on the grounds of procedural defects in the chargesheet and for failure on part of the prosecution to resubmit corrected documents in time.When the grant of bail was challenged in the High Court, Dr. Justice Venkata Jyothirmai Pratapa set-aside the same and held,“… this Court finds that the charge sheet was admittedly presented before the trial Court on 01.04.2025, which was well within the statutory period. The objections raised during scrutiny were only procedural in nature, namely production of a CD containing photographs relating to inventory proceedings and preparation of separate lists of documents. Such minor procedural defects cannot render the filing of the charge sheet invalid nor can they be treated as non-filing of the charge sheet for the purpose of granting default bail.”As the police report was filed before the expiry of 180 days, the Court reiterated that once a charge sheet is filed within the prescribed period, the right to statutory bail under Section 167(2) Cr.P.C. does not accrue and the return of the charge sheet for curing minor defects during scrutiny does not take away the fact that the chargesheet was presented within time.Thus, the Court held,“… the learned trial Judge, in view of the failure of the prosecution in resubmitting the charge sheet by complying with the objections raised, granted statutory bail to Accused Nos.1 to 3, which is not sustainable under law. Further, the material placed on record discloses that a huge quantity of contraband i.e., 808.18 kilograms of Ganja was seized in the present case. The offence alleged is one involving commercial quantity and therefore the rigours of Section 37 of the NDPS Act would also be attracted while considering the question of bail. In such serious offences involving narcotic substances, grant of bail on the basis of minor procedural objections is not justified.”In its challenge against the grant of bail, the State had argued that investigation in the case was completed and the chargesheet was also filed well within the statutory period. It further submitted that the minor objections raised by the Trial Court were technical in nature, such as submission of a CD containing photographs, and proper arrangements of documents, and the same were not substantial enough to invalidate the chargesheet and grant bail to the accused. The State emphasised on the severity of the crime and the huge quantity of contraband seized, and thus contended that the societal impact of the crime should be taken into consideration while granting bail in such cases. Lastly, it was contended that the magnitude of profit involved in narcotics trafficking provides strong incentives for continued criminal activity, and in view of the role played by the accused in the alleged crime, there was every possibility of hampering the investigation and tampering with the prosecution evidence.In contrast, the respondents (accused) submitted that the right to statutory bail under Section 167(2) CrPC is an indefeasible right which accrues when a valid chargesheet is not filed within the prescribed period, and that a defective or incomplete chargesheet returned during scrutiny cannot be treated as a valid filing. They further contended that Section 37 of the NDPS Act does not apply to cases of statutory bail, and once the right to default bail accrues, the gravity of the offence or the quantity of contraband cannot be a ground to deny such relief.The Court, however, set aside the impugned order as “legally unsustainable” and allowed the petition. It directed the accused to surrender before the trial Court within one week.Case Details:Case Number: CRIMINAL PETITION NO: 9462/2025Case Title: THE SENIOR INTELLIGENCE OFFICER , DIRECTORATE OF REVENUE INTELLIGENCE v. SANTHOSH KUMAR SAHOO and OrsClick Here To Read/Download Order

Minor Defects In Chargesheet Don't Entitle Accused To Default Bail: AP High Court Cancels Bail In Case Involving 808Kg Contraband

Saahas Arora

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