INTELLIGENCE OFFICER Vs. VILLAUTHUM NAGU

JUDGEMENT

(1.) This Criminal Petition, under Sec. 439(2) of the Code of Criminal Procedure, 1973, is filed by the petitioner-The Intelligence Officer, Directorate of Revenue Intelligence, Bangalore Zonal Unit, Bangalore, requesting to cancel the regular bail granted under Sec. 167 (2) Cr.P.C. to the respondents-A.1 to A.3, vide order, dtd. 12/7/2018, passed by the Metropolitan Sessions Judge, Hyderabad, in Crl.M.P.No.2140 of 2018 in F.No.DRI/HZU/48C/ENQ- 3 (INT-Nil)/2018 of Directorate of Revenue Intelligence, Zonal Unit, Hyderabad.

(2.) Heard the submissions of Sri P.Dharmesh, learned Special Public Prosecutor for the petitioner and Sri K.Jaya Kumar, learned counsel for the respondents-accused, apart from perusing the material on record.

(3.) Learned Special Public Prosecutor would contend that the respondents-accused are being prosecuted for the offences under Sec. 8(c) read with Sec. 21(c), 22(c), 23(c), 28 and 29 read with Sec. 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act) and they were arrested and remanded to judicial custody on 12/1/2018; the Court of Session, under the premise that the charge sheet was not filed within 180 days from the date of remand of the respondents- accused, was pleased to grant bail, vide order dtd. 12/7/2018, under Sec. 167(2) Cr.P.C.; in fact, a single charge sheet in the subject case was filed on 6/7/2018 before the Additional Sessions Court, Omerga, Maharashtra State, as a part of subject crime arose within the jurisdiction of the said Sessions Court at Omerga; though the charge sheet is filed within 180 days from the date of remand of the respondents-accused, the Metropolitan Sessions Judge, Hyderabad was pleased to grant bail to the respondents-accused, which is erroneous; and ultimately, prayed to set aside the impugned order.