JITENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioners have filed the present revision u/s. 397 read with Section 401 of Cr.P.C. against order dated 28.5.2019 whereby application filed u/s. 167(2) of Cr.P.C. has been rejected.

(2.) As per prosecution case, on 25.03.2019, on a discreet information, the police stopped Maruti Swift Car bearing Registration No.MP-09-CL-6626. It was found that the vehicle was being driven by the petitioner no.1 and two other petitioners were sitting on the back seat of the car and the plastic bag was found also below the back seat containing 20 Kgs 'Ganja'. After following the due procedure prescribed under law , the police arrested them and after completing the investigation, filed the charge-sheet under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short).

(3.) The petitioners filed an application under Section 167 (2) of Cr.P.C. before the Special judge who is having power of the magistrate under on the ground that the challan has not been filed within 60 days from the date of arrest; hence they are entitled for release on bail. The learned trial Court has rejected the application on the ground that 20 Kgs 'Ganja' was recovered from the petitioners which is a commercial quantity and under the provisions of Section 36(A)(4) of the NDPS Act and the period u/s. 167(2) of Cr.P.C. for filing the challan is 180 days which can be extended up to one year.