PREMCHAND AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant revision is against the order dated 27.09.2016 passed by the Special Judge (N.D.P.S. Act), Korba, wherein an application filed by the petitioner to enlarged them bail under Section 167(2) of Cr.P.C. with respect to the Crime No.113/2016 registered at Police Station Kusmunda, District Korba, was rejected.

(2.) The brief facts of this case is that on 26.07.2016, the applicants were arrested for an offence committed under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 with an allegation that they were found in possession of the Narcotic Drugs, Corex Syrup with other tables in huge quantities, which are mentioned as under :

(3.) Subsequently, they were produced before the Court on 27.07.2016 and thereafter they were sent to Jail. Thereafter, an application was preferred under Section 167(2) of Cr.P.C. and it was stated that the limitation for filing of the charge sheet is 60 days and since the charge sheet has been filed on 26.09.2016, which would be 62 days, therefore, the applicants were entitled for the benefit of Section 167(2) of Cr.P.C. It was predominantly stated that since the said contraband having been seized, the quantity of the contraband would come within the small quantity and the maximum punishment may extend to one year, therefore, the applicants are entitled for bail by application under Section 167(2) of Cr.P.C.