In Brief
Three appellants were arrested following seizure of 45.874 kg of narcotic substance (Methaqualone) from their car in Hyderabad on 11 January 2018, which they were transporting from Omerga to Chennai. A combined charge sheet covering both the Hyderabad seizure and related offences was filed on 6 July 2018 before the Special Court at Omerga. However, this was not communicated to the Special Court at Hyderabad, which granted default bail on 12 July 2018 under Section 167(2) Cr.P.C. The High Court cancelled this bail, holding that the appellants were not entitled to default bail once a charge sheet had been filed within 180 days. The Supreme Court upheld the High Court's order, affirming that erroneous or illegal bail granted under Section 167(2) can be cancelled under Section 439(2) Cr.P.C., and permitted the appellants to file fresh bail applications on merits."
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