SIRAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on admission. This criminal revision has been preferred against the order dtd. 23/3/2022 passed by Special Judge (NDPS), Ambikapur, District Sarguja in Special Case No. 17/2022 (State of Chhatisgarh v. Siraj) whereby an application filed by the petitioner under Sec. 167(2) of the Cr.P.C. for grant of default bail was dismissed.

(2.) Facts of the case, in brief, are that on 21/9/2021 at about 10 O'clock at night, police of police Station Gandhi Nagar, District Sarguja on the basis of secret information received from the informer, seized 99 nos. sealed bottle, each containing 100 ml, total 9900 ML (9.900 L) of psychotropic substance, namely, Maxcoff syrup from the illegal possession of the applicant. On the basis of above facts, FIR No. 0507 under Sec. 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth "NDPS Act") was registered against the applicant and at about 2.10 at night he was arrested and on the same day i.e. on 22/9/2021, he was produced before the Special Judge, Sarguja at Ambikapur alongwith application for grant of judicial remand. On 22/9/2021 itself first remand was granted till 5/10/2021, subsequently, judicial remand was taken in several occasions. Lastly, the judicial remand was obtained up-till 21/3/2022. On 21/3/2022, again application for grant of judicial remand was filed but the same was dismissed by learned Special Judge, Ambikapur, Sarguja holding that 181 days of judicial remand of the applicant was completed on 21/3/2022, despite that charge-sheet was not filed and further remand for one day i.e. up till 22/3/2022 has been sought, but no report has been enclosed with the remand application as per proviso to Sec. 4 of Sec. 36(A) of the NDPS Act, which could demonstrate sufficient reasons for further detention of applicant and since extended period of filing final report i.e. 180 days has already been elapsed, therefore, learned Special Judge dismissed the application for grant of judicial remand.

(3.) On 22/3/2022, applicant filed an application under Sec. 167 (2) of the Cr.P.C. for grant of default bail. After hearing applicant and the prosecution, the case was posted for orders on 23/3/2022 and on 23/3/2022, learned Special Judge dismissed the application for grant of default bail, hence this criminal revision.