RAHUL GUPTA Vs. STATE

JUDGEMENT

(1.) The appeal is filed against the impugned order dtd. 18/3/2020 passed by the learned Special Judge, West District, Tis Hazari Courts, Delhi (hereinafter referred learned Trial Court) and to direct release of appellant on bail per Sec. 167 Criminal Procedure Code (Cr PC) read with Sec. 21(2) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred as MCOCA) in case FIR No.397/2019 registered at police station Hari Nagar.

(2.) The learned counsel for the appellant says FIR No.100/2018 was registered under NDPS Act at police station Hari Nagar, Delhi and accused Salman Tyagi was arrested on 17/2/2018 and appellant/accused Rahul Gupta, was arrested on 18/4/2018 in the said FIR. The appellant was granted regular bail in such FIR No.100/2018 on 5/7/2019 by this Court on the ground there being no evidence against him, except disclosure statement of a co-accused.

(3.) However, on 13/8/2019, the present FIR was registered under MCOCA. On 3/10/2019 co-accused Salman Tyagi was arrested in the present FIR and appellant herein was arrested on 21/10/2019. There is a provision for extension of period of investigation under the Act from 90 days to 180 days, but such application for extension needs to be moved prior to the expiry of 90 days from the date of arrest of the accused.