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2018 (6) TMI 1372 - HC - Indian LawsBail Application - Smuggling of Drugs - contraband involved is Ephedrine Hydrochloride - The case of the Prosecution is that A-1 is a drug smuggler, A- 2 is alleged to have financed A-1and A-3 assisted him - whether the inactive ingredients required to hold the active ingredients constitute commercial quantity or not and the petitioners are entitled for bail? Held that:- A person accused of offence punishable under Section 19 or Section 24 or 27A and also for offence involving commercial quantity is not entitled to be released on bail unless the Public Prosecutor has been given an opportunity to oppose the application, for such release and / or where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that accused is not guilty of such offence and that he is not likely to commit any offence while on bail - It is true that since the offence under Section 25(A) of the Act is punishable with imprisonment which may extend up to 10 years and other offences to the line of Section 25(A) of the Act, the prosecution needs to file complaint on completion of investigation within 60 days from the date of remand of the accused in terms of Section 167(2) Cr.P.C. It is also true that the petitioners were remanded to judicial custody on 28.11.2016 but the complaint was filed by DRI only on 24.05.2017 i.e, beyond the period of 60 days and thereby the indefeasible right to claim bail was accrued to petitioners/accused immediately after the expiry of the 60 days. Petition allowed.
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