LAWS(MPH)-2021-1-1

RAJA BHAIYA SINGH Vs. STATE OF M.P.

Decided On January 08, 2021
Raja Bhaiya Singh Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This criminal revision has been preferred on 24.7.2020 by applicant Raja Bhaiya Singh against the order dated 25.4.2020 passed by the Special Judge, NDPS, Panna, District Panna in connection with Crime No.270/2019, registered at Police Station Simariya, District Panna under section 8/20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act").

(2.) By the impugned order the learned trial court dismissed the application filed under section 167(2) of CrPC on behalf of accused for default bail upon the ground that challan has not been filed within 60 days from the arrest of accused/applicant.

(3.) It appears from the record that the petitioner was arrested on 13.2.2020 and on the same date he was produced before the concerned Court, by which he was sent to judicial custody. The applicant moved an application under section 167(2) of CrPC on 21.4.2020 and the challan was also filed by the police on the same date. It appears from the impugned order that the trial court received the aforesaid application for default bail on 2:32 p.m. through whatsapp message upon the personal mobile number of concerned judicial officer (as per Circular No.P-33 dated 20.4.2020 issued by the District Judge, Panna). It is also mentioned in the impugned order that the challan was filed at 3:50 p.m on the same date i.e. 21.4.2020.