OKHABHAI HARJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has challenged the impugned order dated 07.01.2019 passed by learned 2nd Additional Sessions Judge, Banaskantha at Tharad in Criminal Misc. Application No. 2 of 2019 of default bail.

(2.) Heard learned advocate for the applicant and learned APP for the respondent-State.

(3.) It was submitted by learned advocate for the applicant that order of rejecting the default bail of applicant is contrary to law, against the provisions of statutes and against evidence on record. That, learned Sessions Judge has materially erred in law while rejecting the default bail of the applicant and such order is resulted into miscarriage of justice. That, learned Sessions Court has not properly considered the provisions of law and not consideration the fact that alleged opium is 1 kg and 277 grams and alleged quantity is less than commercial quantity. That as per provisions of Section 36(A)(4) of NDPS Act, charge sheet should be filed within a period of 60 days, as present offence is not fall under the commercial quantity. That, learned Sessions Court has wrongly considered that period of filling of charge sheet is 90 days and 180 days, which is against the provisions of law. That, learned Sessions Court ought have to considered that the period of filing of charge sheet is of 60 days and applicant was ready to furnish his surety, but without considered the same, has passed the order of rejecting the default bail of applicant which is illegal at prima facie stage. It was requested by learned advocate for the applicant to quash and set aside the order dated 07.01.2019 passed by learned 2nd Additional Sessions Judge, Banaskantha at Tharad in Criminal Misc. Application No. 2 of 2019 rejecting the default bail of the applicant and release the applicant on bail.