FAHIM KARIM SHEIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this application, the applicant has prayed for setting aside the order dtd. 15/3/2022 passed below Exh.11 in Special Case no.105 of 2021 by the learned Additional Sessions Judge, Yavatmal, whereby the learned Additional Sessions Judge pleased to reject the application for default bail made by the applicant under Sec. 167(2) of the Code of Criminal Procedure (Cr.P.C.).

(2.) A crime bearing No.282 of 2021 came to be registered at Police Station, Ner on 18/8/2021 against this applicant for the offences punishable under Ss. 20(c), 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS '). The applicant was arrested on 18/8/2021. He was produced before the Court on 19/8/2021 and remanded to the police custody. After investigation, the charge-sheet was filed against the applicant for the commission of the above offences on 8/11/2021. It is stated that the charge-sheet was filed without CA report of the analysis of the samples of the Ganja seized in the crime. On this premise, the applicant stated that the charge-sheet was not complete in all respect in the eyes of law. It is stated that the incomplete charge-sheet was filed just to defeat the right of default bail to the applicant. It is stated that even on the date of the application made by the applicant, the CA report was not placed on record. As such, indefeasible right to get default bail accrued in favour of the applicant.

(3.) The application was opposed. It is the case of the prosecution that on the basis of the secrete information the raid was conducted. The applicant was apprehended and from his possession Ganja weighing 190 Kg came to be seized. After completion of the investigation, the complete charge-sheet was filed. The charge-sheet was complete in all respect. The charge-sheet could not be said to be incomplete charge-sheet. The learned Additional Sessions Judge, Yavatmal for the reasons recorded in the order dtd. 15/3/2022 rejected the application for default bail under Sec. 167(2) of the Cr.P.C.