SAMEER Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) Petitioner is accused No. 1 in Crime No. 8/2022 of Kasargod Excise and Narcotics Special Squad, Kasargod District alleging commission of offences punishable under Sec. 22 (c) , 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on the allegation that on 21/4/2022 the accused persons were arrested along with 196 gms of MDMA while they were travelling in a car bearing registration No. KL 14 N 8605. Petitioner was arrested on 21/4/2022. 3. When the matter was taken up for consideration, the learned counsel for the petitioner would submit that since he was arrested on 21/4/2022, he is entitled for being released on statutory bail on completion of 180 days which would fall on 19/10/2022. He submitted that the charge sheet was laid only on 25/10/2022. He, therefore, submitted that his bail application was pending as on 17/10/2022 and the charge sheet was not laid on or before that date, he is entitled for statutory bail.

(3.) Learned Public Prosecutor opposed the application for bail contending that even though a regular bail application was pending as on the date of accrual of statutory right for grant of bail, the same is not one filed under Sec. 167(2) CrPC and further submitted that even though regular bail application is pending, the same was moved with a request for grant of statutory bail only after filing of the charge sheet. On the basis of the same, the learned public prosecutor would submit that once the charge sheet is filed the right of the accused to seek statutory bail stands extinguished.