Case Note & Summary
The Supreme Court dismissed three appeals challenging the High Court's order cancelling default bail granted to the appellants under Section 167(2) CrPC. The appellants were intercepted on 11.01.2018 while transporting 45.874 kg of methaqualone (a psychotropic substance) in a car from Omerga to Chennai. They were arrested under the NDPS Act and remanded to custody. On 12.07.2018, the 180th day of their remand, the Special Court at Hyderabad granted them default bail under Section 167(2) CrPC, as no complaint had been filed before that court. However, a combined complaint covering the same seizure and related offences had already been filed on 06.07.2018 before the Special Court at Omerga, Maharashtra, and was taken on file on 11.07.2018. The respondent (DRI) filed a petition under Section 439(2) CrPC before the High Court for cancellation of bail, which was allowed on 30.11.2018. The Supreme Court held that the right to default bail under Section 167(2) CrPC does not accrue if a complaint is filed within the prescribed period, regardless of which court it is filed in. Since the combined complaint was filed on 06.07.2018, before the expiry of 180 days, the appellants were not entitled to default bail. The High Court's cancellation of bail was therefore justified. The appeals were dismissed, and the appellants were directed to surrender to custody.
Headnote
A) Criminal Procedure Code - Default Bail - Section 167(2) CrPC - Right to default bail accrues only if no complaint is filed within the prescribed period - Where a combined complaint was filed on 06.07.2018 before the Special Court at Omerga, the accused were not entitled to default bail on 12.07.2018, even though the Special Court at Hyderabad was unaware of the filing - The right to default bail is extinguished once a complaint is filed within the statutory period (Para 8-10). B) Narcotic Drugs and Psychotropic Substances Act - Filing of Complaint - Section 36A(1)(d) NDPS Act - A complaint under the NDPS Act is equivalent to a police report under Section 173 CrPC for the purpose of default bail - The combined complaint filed on 06.07.2018 before the Omerga Court, which included the appellants as accused, was sufficient to prevent the accrual of default bail under Section 167(2) CrPC (Para 8-10). C) Criminal Procedure Code - Cancellation of Bail - Section 439(2) CrPC - Cancellation of bail is warranted when the bail was granted on a mistaken belief that no complaint was filed - The High Court correctly cancelled the default bail as the appellants were not entitled to it due to the prior filing of the complaint (Para 10).
Issue of Consideration
Whether the High Court was justified in cancelling the default bail granted under Section 167(2) CrPC when a combined complaint under the NDPS Act had already been filed before another court prior to the expiry of 180 days.
Final Decision
The Supreme Court dismissed the appeals, upholding the High Court's order cancelling the default bail. The appellants were directed to surrender to custody.
Law Points
- Default bail under Section 167(2) CrPC is not available if a charge sheet/complaint is filed before the expiry of the prescribed period
- even if the court granting bail is unaware of such filing
- cancellation of bail under Section 439(2) CrPC is justified when the bail was granted on the erroneous premise that no complaint was filed.
