UNION OF INDIA versus THAMISHARASI AND ORS.

UNION OF INDIA versus THAMISHARASI AND ORS.

The proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 is applicable to accused under NDPS Act, 1985. If the complaint is not filed within the maximum period specified (90 days), accused is entitled to bail as of right, and this automatic bail is not subject to the limitations on granting bail under Section 37(1)(b) NDPS Act, which only apply when granting bail on merits.

Parties
Appellant: Union of India; Respondents: Thamisharasi and Ors.
Jurisdiction
India
Judgment Date
01 May 1995
Procedural Posture
Criminal Appeal / Final Judgment on Appeal From Madras High Court Order Granting Bail
Outcome
Appeals dismissed
Legal Topics
Bail, Narcotic Drugs, Default Bail Under Cr PC Section 167(2), Applicability of NDPS Act Section 36 a and 37
Criminal Law Bail Narcotic Drugs Default Bail Under Cr PC Section 167(2) Applicability of NDPS Act Section 36 a and 37

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Parties

Union of India

Appellant

Thamisharasi and Ors.

Respondents

Procedural Posture

Criminal Appeal / Final Judgment on Appeal From Madras High Court Order Granting Bail

Legal Issues

  1. 1 Whether proviso to section 167(2) of Code of Criminal Procedure, 1973 applies to accused under NDPS Act, 1985, allowing release on bail if complaint is not filed within 90 days

Ratio Decidendi

The proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 is applicable to accused under NDPS Act, 1985. If the complaint is not filed within the maximum period specified (90 days), accused is entitled to bail as of right, and this automatic bail is not subject to the limitations on granting bail under Section 37(1)(b) NDPS Act, which only apply when granting bail on merits.

Court Disposition

Appeals dismissed

Orders

  • Interim orders vacated
  • Decision does not affect any other legal orders permitting detention of respondents