NARCOTICS CONTROL BUREAU Vs. ASHOK MITTAL

JUDGEMENT

(1.) This petition under Section 482 Code of Criminal Procedure has been preferred by the petitioner assailing an order dated 28th January 2009 passed by learned Special Judge, NDPS Act of releasing the accused on bail under Section 167(2) Code of Criminal Procedure.

(2.) A perusal of order of learned Special Judge would show that the incident had taken place on 10th March, 2008 and the chargesheet in the case was filed on 9th September 2008. The accused filed an application for bail on 9th September 2008 under Section 167(2) Code of Criminal Procedure and the learned Special Judge issued notice of the application to the prosecution for 17th September 2008. Reply to the application was filed and ultimately vide order dated 28th January 2009, the learned Sessions Judge under Section 167(2) Code of Criminal Procedure directed release of the accused/ respondents from whose car 125 packets of hashish weighing 32 kg were recovered.

(3.) The issue raised by way of this petition is whether the respondents had an undefeatable right to be released on bail under Section 167(2) since the chargesheet was not filed within 180 days of the incident.