DISTRICT DHANDADHIKARI Vs. GHISU SINGH

JUDGEMENT

(1.) BEING aggrieved by the order dated 26.9.2011 passed by Special Judge NDPS Act, Garoth, in Special Case No. 15/11, whereby learned Special Judge allowed the application under Section 167(2), Cr.P.C., filed by the non -applicants under the default clause, the application has been filed by the applicants - - State for cancellation of bail under Section 439(2) of Cr.P.C. As per prosecution story, on the basis of secret information, one Scorpio Jeep bearing registration No. 17/DA/1444 was intercepted by the police force. They found that driver and one person sitting in front and two other persons were sitting in the one side of middle row out of which one person armed with local revolver (Katta) and another person armed with 12 bore gun. In the last row two persons were sitting and facing to each other. Total six persons were sitting in the said jeep. On interrogation, they disclosed their names as non applicants No. 1 to 6. During search seven mobile phones, 12 - - Bore gun, live cartridges, currency notes and 23 kg affim (opium) was seized in one bag. They were arrested on 28.3.2011 and produced before the Magistrate on 29.3.2011. On 2.4.2011 police remand was taken and they were sent for judicial custody.

(2.) ON 14.9.2011 on behalf of Sub -Divisional Magistrate (Police Garoth) case diary along with report was filed and prayed for further time to file the challan (final report). The learned Special Magistrate NDPS Act, Garoth, after examination of the same granted time to file the final report and fixed the case for 26.9.2011 for filing the final report.

(3.) ON 26.9.2011, before filing of challan, an application was moved at 11.15 A.M. on behalf of the non -applicants under Section 167(2) read with Section 439 of Cr.P.C., for release on bail under proviso (a) to Section 167(2) on the default of the prosecution in filing charge - -sheet within the prescribed period.