FAKIR AHMED MOHD SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel. Perused the papers.

(2.) This is the second application for bail filed by the applicant, who was allegedly found in possession of 1.100 kg of Charas. In the previous application, he had contended that as the charge-sheet was not filed within 60 days, accused was entitled to be released on bail under Section 167(2) of the Cr.P.C. It was also contended that data of the analysis was not provided by C.A., therefore, merely because C.A. Report disclosed that contents were charas, it could not be held that accused was in possession of 1.100 kg charas, which is commercial quantity. Both these objections were rejected holding that merely because data was not given, it could not be presumed that quantity of the Charas seized from accused was not 1.100 kg and the quantity, being commercial quantity, charge-sheet could be filed within 180 days.

(3.) The second application is filed on three grounds. Firstly, even though the charge-sheet was filed after 142 days from the date of arrest, investigation was incomplete because data of the analysis was not supplied with C.A.Report and, therefore, C.A. Report was incomplete. It is contended that data was provided and investigation was infact completed long after 180 days. Merely because data of the analysis was not provided alongwith C.A. Report , it can not be said that investigation was not complete and, therefore, it can not be said that charge-sheet was not duly filed within 180 days from the date of arrest. In view of this, request for bail under Section 167(2) of the Cr.P.C. is liable to be rejected.