The Andhra Pradesh High Court has set aside a trial court order granting statutory bail to three accused in a large-scale narcotics case involving over 800 kilograms of ganja.
Dr. Justice Venkata Jyothirmai Pratapa ruled that procedural shortcomings in a charge sheet do not invalidate its timely filing and cannot be used to claim default bail under criminal law.
The Court was dealing with a petition filed by the Directorate of Revenue Intelligence (DRI) seeking cancellation of bail granted earlier by a sessions court in East Godavari district.
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The case stems from a seizure made on October 5, 2024, during a surveillance operation on National Highway-16 near Jaggampeta.
Authorities intercepted a goods carrier accompanied by a pilot vehicle. Upon inspection, officials discovered 254 packets of ganja concealed beneath fruit crates, weighing approximately 808.18 kilograms.
Three individuals were arrested at the scene, while others reportedly escaped. The contraband, vehicles, and mobile phones were seized under provisions of the NDPS Act.
The prosecution argued that the charge sheet had been filed within the statutory time limit. It contended that the trial court wrongly granted bail by treating minor procedural objections as a failure to file a valid charge sheet.
The accused, on the other hand, claimed their right to default bail under Section 167(2) CrPC (now under BNSS), arguing that the charge sheet was incomplete and therefore invalid.
They further argued that once the right to statutory bail accrues, the seriousness of the offence cannot override it.
The High Court rejected the accused’s contention, emphasizing that procedural defects do not negate a timely filing.
The Court observed that minor issues—such as not submitting a CD of inventory photographs or properly arranging documents—cannot render a charge sheet invalid.
It reiterated that the right to default bail arises only when a charge sheet is not filed within the prescribed period.
Significantly, the Court noted that once a charge sheet is submitted within time, its return for rectification does not amount to non-filing.
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The Court also highlighted that offences involving commercial quantities of narcotics attract stricter scrutiny under Section 37 of the NDPS Act.
Allowing the State’s petition, the High Court cancelled the bail granted to the accused and directed them to surrender before the trial court within one week.
It held that the trial court’s order granting bail was legally unsustainable and based on an incorrect interpretation of statutory bail provisions.
The Court further directed that coercive steps be taken if the accused fail to surrender within the stipulated time.
Case Details Section
Case Title: Senior Intelligence Officer, DRI vs Santhosh Kumar Sahoo & Ors.
Case Number: Criminal Petition No. 9462 of 2025
Court: Andhra Pradesh High Court
Judge: Dr. Venkata Jyothirmai Pratapa
Date: March 10, 2026
