RAJESH AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision has been preferred by the applicant being aggrieved by the order dtd. 18/8/2020 passed in Special Criminal Case No. 6/2020 by the Special Judge, NDPS Act, Raipur (CG) whereby the application under Sec. 167(2) of the Criminal Procedure Code, 1973 (in short 'Cr.P.C.') filed by the applicant/accused has been dismissed.

(2.) Brief facts of the case are that during investigation of Crime No. 226/2019 registered at Police Station Modahapara, Raipur, police recovered 50 cartons, each containing 144 bottles, each bottle containing 100 ml, total 7,20,000 ml Codeine Phosphate RC Kuff Syrup from the possession of the applicant, which was kept by him without any authority of law. The applicant on 10-8- 2020 filed an application before the Special Judge, NDPS Act, Raipur, for grant of default bail under sec. 167(2) of the Cr.P.C. mentioning that the applicant was arrested on 15/5/2020 for offence punishable under Sec. 21(b), 29 and 32 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and police of PS Modahapara got his judicial remand till 29/5/2020. Thereafter, on an interval of 14 days till 24/8/2020, police has been getting judicial remand of the applicant under Sec. 21(b), 29 and 32 of the NDPS Act. Out of above Sec. , Sec. 21(b) of the NDPS Act, provides maximum punishment for a term which may extend to 10 years. Therefore, under the proviso (a) of sub-sec. (2) of Sec. 167 of the Cr.P.C., police was required to file charge sheet against the applicant within 60 days which was completed on 15/7/2020, but the police did not file charge sheet neither within 60 days i.e. 15/7/2020 nor till the date of filing of application on 10/8/2020. Thus, the applicant is entitled to get default bail under Sec. 167(2) of the Cr.P.C.

(3.) On 18/8/2020 the application filed by the applicant was dismissed by learned Special Judge, NDPS Act, Raipur holding that police is not bound to file charge sheet within 60 days in this case because quantity of seized Codeine Phosphate RC Kuff Syrup from the applicant is total 7,20,000 ml which is a commercial quantity, therefore, provisions of Sec. 36A(4) of the NDPS Act are attracted in this case. Hence, this revision.