VINAY DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have filed present Cr.M.P. for quashing of the order dated 12.04.2021 passed by learned Additional Sessions Judge and Special Judge (NDPS), Balodabazar-Bhatapara in connection with Crime No. 110/2021 whereby an application filed by the petitioners under Section 167(2) of Cr.P.C. for grant of default bail was rejected on the count that charge-sheet has not been filed within 60 days.

(2.) The petitioners were charged for offence punishable under Section 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'). It is the case of prosecution is that from possession of petitioner No.1, 145 strips of Spasmo Proxyvon Plus total 1160 capsules and from the possession of petitioner No.2, 90 strips total 720 capsules of Spasmo Proxyvon Plus prohibited psychotropic drugs were seized. The seized quantity of the psychotropic drugs was higher than minimum quantity but less than commercial quantity.

(3.) The facts projected by the petitioners, in brief, are that the petitioners are arrested on 09.02.2021 in connection with crime No. 110/2021 by police Station City Kotwali, Balodabazar for the offence punishable under Section 22(B) of the NDPS Act. On 10.02.2021, they were produced before court for remand and since then they are in judicial custody. It was essential for the prosecution to file charge-sheet within 60 days i.e. on or before 10th April, 2021 but charge- sheet has been filed on 12.04.2021 i.e. after 60 days, therefore, petitioners have made an application under Sections 167(2) Cr.P.C. on 12.04.2021 seeking bail on the ground of non-filing of charge-sheet within 60 days from the date of police custody of accused.