BABLU KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision petition is directed against the order dated 10.7.2009 passed by the Special Judge appointed under N.D.P.S. Act, 1985 whereby learned Special Judge has dismissed the application for release of the petitioners filed under Sections 167(2) of the Code of Criminal Procedure, 1973 (in short `the Code') on the ground that offence is punishable up to 10 years and therefore, the prosecution is at liberty to file charge sheet within 90 days and not without 60 days.

(2.) The order is challenged on the ground that if the charge sheet for the offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years is said to have been committed by the person, then he may release on bail and if the charge sheet is not filed within 90 days from the period of detention of the accused and in every cases if investigation is not completed within 60 days and the charge sheet is not filed before the Court, then the accused shall be released on bail, but the Special Judge has not considered legal aspect of the case and thereby committed illegality.

(3.) I have heard learned counsel for the parties and perused the order impugned.