BARKAT Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This Criminal Revision is directed against an order of Sri D.P.N. Singh, the then Additional Sessions Judge, Court no.1, Banda, dated 22.09.2017 passed in Criminal Misc. Case no.29 of 2017, Barkat vs. State of U.P., under Section 167(2) Cr.P.C. relating to Special Case no.16 of 2017, State vs. Barkat (arising out of Case Crime no.342 of 2017), under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act'), Police Station Kotwali Nagar, District Banda, rejecting an application by the revisionist to be enlarged on default bail by lapse, under Section 167(2) Cr.P.C. in the aforesaid case.

(2.) Heard Sri Kameshwar Singh, learned counsel for the revisionist and Sri Akhilesh Kumar Mishra, learned A.G.A. along with Sri Avaneesh Shukla, learned counsel appearing for the State.

(3.) The moot question involved in the present case is: whether the right to be released on default bail under the provisions of Section 167(2) Cr.P.C. is available to an accused detained in connection with offences under the Act, and, to whom the provisions of Section 36-A(4) of the Act apply?