Cancellation of Bail under NDPS Act: Legal Analysis

Explore the intricate legal analysis conducted by the court in a recent case involving the cancellation of bail under the NDPS Act. The case delves into the jurisdiction of the court, the timeliness of filings, and the grounds for revoking bail, shedding light on the complexities of legal proceedings in such matters. Dive deep into the details of this case to understand the meticulous legal considerations involved.


  • Appellants were arrested on 12.01.2018 under Section 42 of the NDPS Act.
  • A combined complaint was filed on 06.07.2018 for offenses under various sections of the NDPS Act.
  • Default bail was granted to the appellants on 12.07.2018 due to the lapse of 180 days without a complaint being filed.
  • Bail was cancelled on 30.11.2018 by the Metropolitan Sessions Judge based on a petition by the respondent.
  • One of the appellants was released on bail on 12.07.2018, while the other two remained in custody.
  • DR.I. Bangalore filed an application for cancellation of bail which led to further legal proceedings.
  • A total of 45.874 Kgs of narcotic substance was recovered from the appellants during interception.
  • Charges included possession and transport of the contraband from Omerga to Chennai.
  • Appellants’ remand was extended till 12.07.2018 before bail application was filed.
  • High Court rightly cancelled the bail on grounds of a filed complaint and seizure details.
  • The High Court noted that the charge sheet was filed on 06.07.2018, within the 180-day period stipulated by law.
  • The appellants were not entitled to benefit under Section 167(2) Cr.P.C. as the charge sheet was filed on time.
  • The accused were granted bail under the NDPS Act read with Sections 437 and 439 Cr.P.C.
  • Bail granted under Section 167(2) Cr.P.C. could have been cancelled under Section 439(2) Cr.P.C.
  • The D.R.I. Bangalore filed an application to transfer the records to the Omerga Sessions Court.
  • The custody of the accused was handed over to D.R.I. Bangalore for a case in Omerga, Maharashtra.
  • The bail granted under Section 167(2) Cr.P.C. was cancelled under Section 439(2) Cr.P.C. by the Sessions Judge.
  • The accused were remanded before the Additional Sessions Judge in Omerga, Maharashtra and their application for release was initially rejected but later allowed.

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  • Setting aside an unjustified, illegal, or perverse order is different from canceling bail due to accused misconduct or new facts.
  • Jurisdiction of Omerga Court to inquire and try the offense was not challenged.
  • High Court has the authority to cancel bail under Section 439(2) CrPC
  • The High Court correctly cancelled the bail order dated 12.07.2018
  • The complaint provided ample material regarding the transportation of narcotic substances
  • The miscommunication about the combined complaint not being brought to the notice of the Special Court in Hyderabad was acknowledged
  • The custody of the appellants was granted by the Special Court in Hyderabad on 13.07.2018
  • A High Court or Court of Session may direct the arrest of a person released on bail under this Chapter.
  • Any person released on bail under Section 167(2) shall be deemed to be released under Chapter XXXIII.
  • If a person is illegally or erroneously released on bail under Section 167(2), his bail can be revoked and he can be committed to custody.
  • Complaint filed detailed the journey and interception of appellants at Hyderabad
  • Complaint filed within 180 days, so cancellation of default bail by High Court was justified
  • No grounds for interference with the High Court’s judgment/order
  • Appellants can file regular bail application under Section 439 Cr.P.C. afresh
  • Bail application to be considered and decided expeditiously
  • Villayutham Nagu must surrender before the Special Court, Omerga

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  • All appeals are dismissed
  • Liberty granted to appellants

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Case Number: Crl.A. No.-000801-000801 / 2020

Click here to read/download original judgement

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