Andhra Pradesh HC Issues Guidelines For Prompt Transmission Of Bail Orders

BACKGROUND

• The respondent police received information about illegal transportation of ganja and was conducting vehicle checks near Polluru village of Chinturu Mandal, Andhra Pradesh.
• On seeing the police, the inmates of one Bolero car tried to escape but were caught by the police and the police also seized 300kg of ganja with them.
• The police arrested and registered a case against them under Section 20(b)(ii)(C) read with Section8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
• The accused/petitioner filed for a regular bail before the Andhra Pradesh High Court under Sections 437 and 439 of Code of the Criminal Procedure.

SUBMISSIONS

• The counsel for the petitioner submitted that petitioner had nothing to do with the alleged offence and the person who acted as the gazetted officer and carried out the search, is a veterinary doctor and is not a competent person to act as a gazetted officer under Sections 42, 43 and 50 of the NDPS Act.
• He also submitted that the investigation was completed on 3 September 2020 and the petitioner was still languishing in jail.
• The Additional Public Prosecutor submitted that the chargesheet was filed on 13 October 2020.

ORDER

• The Court noted that the investigation was completed and the chargesheet had been filed therefore the petitioner was entitled to be released on bail.
• The Court took serious note of delay in issuing the certified copies of the orders and observed that, even though there is recognition of several pending cases, it has been difficult to issue order copies due to a shortage in staff.
• Referring to a judgment of the Apex Court, this Court observed that there is a need for an alternative mechanism to address the plight of undertrial prisoners and accused.
• The Court referred to the importance of the right to life and personal liberty enshrined under Article 21 of the Constitution and laid down guidelines for prompt issuing of bail orders.

What do you think of this case?