GANESH PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under the proviso to Section 167(2) and Section 439 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for bail.

(2.) Applicant Ganesh Prasad was arrested on 27-12-2000 for the offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act). According to the prosecution he was found in possession of fifteen kilograms of ganja. He was produced before the Judicial Magistrate First Class on 28-12-2000 and on that date he was remanded to judicial custody. An application under the proviso to Section 167(2) of the Code was filed on 1-3-2001 before the Special Judge appointed under the Act. That application came up for consideration before the Judge at 1.15 p.m. On the same date the charge-sheet was filed at 1.25 p.m. Thus, the charge-sheet was filed on 63rd day from the date of remand. The application for bail was submitted on the same date prior to submission of charge-sheet in the court. The question is whether the applicant is entitled to be released on bail under the proviso to Section 167 (2) of the Code.

(3.) There is a recent decision of the Supreme Court in Uday Mohanlal Acharya v. State of Maharashtra, 2001 AIR SCW 1500 : (2001 Cri LJ 1832) in which all the previous decisions on the proviso to Section 167(2) of the Code have been considered. The following conclusions have been arrived at by the majority judgment :-