GUL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an application for grant of bail under section 482/439 subsection (2) CrPC for cancellation of bail passed in MCrC No. 4304/02 on 17.12.2002 granted in favour of the applicant, on the ground that charge -sheet was not filed within 90 days. In pursuance of this bail order, the applicant was released on bail, thereafter, applicant has filed this application voluntarily pointing out true legal position that as per amendment in Narcotic Drugs and Psychotropic substances Act under section 36(4), the period of 90 days is extended upto 180 days for the offence involving commercial quantity of contraband article. In the present case, poppy husk alleged to have been seized falls within the definition of commercial quantity. As such prayer is made to the effect that order dated 17.12.2002 passed in MCrC No. 4304/02 be cancelled and the bail application of the applicant may be heard on merit.

(2.) MR . Girish. Desai, learned Deputy Advocate Ceneral appearing for the State has also pointed out legal position regarding the period of filing of charge -sheet as per the amendment incorporated in the Act.

(3.) WITH the aforesaid terms, this petition stands finally disposed of. Office is directed to send copy of this order to the trial Court immediately.