RAMESH GOUTAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition is directed against the order dated 2-7-2010 passed by learned Second Additional Sessions Judge, in Special Case No. 11/2010, whereby Petitioner's application under Section 167(2) of the Code of Criminal Procedure has been rejected.

(2.) Relevant and brief facts for decision of the case are that the applicant was arrested for alleged commission of offence under Section 20(b) of NDPS Act on 24-4-2010 and produced before the Special Judge on 25-4-2010. As the investigation was not completed within 60 days nor charge-sheet was filed, Petitioner moved an application under Section 167(2) of the Code of Criminal Procedure for release on bail on 25-6-2010. Vide order dated 2-7-2010, learned Court below has rejected the application.

(3.) Submission of learned Counsel for the applicant is that the offence in respect of which investigation is being made and in connection with which applicant has been arrested, is one specified under Section 20(b)(ii)(b) for which imprisonment may extend to 10 years and fine of Rs. 1,00,000/- as the quantity seized is only 10 kg. and 400 gm. which is more than small quantity and less than common quantity as prescribed under the law. It is argued that in such a case, investigation is required to be completed within 60 days and in case investigation is not completed the charge-sheet is not filed, accused is entitled to be released. He submits that the aforesaid legal position is applicable in the present case of the applicant as the punishment could be less than 10 years and the offence is not punishable without death or life imprisonment. According to the learned Counsel for the applicant in the present case provision of Section 167(2)(a)(i) is not attracted but provisions contained in Section 167(2)(a)(ii) would be applicable. Learned Counsel for the applicant relies upon the judgment in the case of Annu @ Anil v. State of M.P., 2008 1 MPHT 286.