ASHISH DEVIDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.

(2.) In this criminal revision application, challenge is to the order passed by the learned Special Judge (N.D.P.S. Act) dtd. 8/4/2022 whereby, the learned Judge has directed Special I.G., Nagpur Zone and Superintendent of Police, Nagpur (Rural) to take action for registration of crime against PW-10 Aashish Devidas Morkhade, Investigating Officer for the offences found to have been prima-facie committed by him.

(3.) The relevant facts are as follows:- The applicant -Aashish Devidas Morkhade is Police Sub Inspector. At the relevant time he was attached to Police Station, Butibori, Nagpur. Crime bearing No.318/2021 was registered at Butibori Police Station for commission of offences under Sec. 20(b) and Sec. 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred as N.D.P.S. Act) against three accused persons. The contraband recovered in the case was Ganja weighing 78.360 Kg. The investigation for the said crime was entrusted to the applicant. He carried out the investigation from 27/8/2021. Prior to this date the investigation was carried out by A.P.I. Shri Manik Choudhary. After completion of the investigation, the charge sheet was not filed within time namely within 180 days from the date of the production of the accused before concerned Court for remand. The accused, therefore, on 25/1/2022 applied for bail under Sec. 167(2) of the Cr.P.C. in short default bail. The prosecutor filed the say in the said proceeding. The Special Court by order dtd. 28/1/2022 allowed the bail application and granted bail to the accused on the ground of failure of the applicant to file the charge sheet within time.