LAWS(P&H)-2000-1-145

BALKAR SINGH Vs. STATE OF HARYANA

Decided On January 14, 2000
BALKAR SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) F.I.R. No. 95 dated 16.5.1999 has been registered at Police Station Bawal under the Narcotic Drugs And Psychotropic Substances Act. Petitioner-Balkar Singh approached the Special Judge, Rewari, for bail on the ground that the charge-sheet had not been filed within 90 days and, therefore, he is entitled to be released on bail under Sec. 167(2) Code Criminal Procedure His application was dismissed by the learned Special Judge, and, therefore, this petition under Sections 439 read with 167 Criminal Procedure Code.

(2.) The allegation against the petitioner-Balkar Singh is that he was driving a Maruti Van and poppy husk was found in the dicky. The petitioner is not seeking bail on the merits of the case but on the ground that charge-sheet has not been filed within the specified time. The petitioner was arrested on 16.5.1999. 90 days from the date of his arrest expired on 14.8.1999. The petitioner filed bail application before the Special Judge, on 1.9.1999 but the charge-sheet was filed on 8.9.1999 only. There is no dispute with regard to these dates.

(3.) So, it is clear that the petitioner had filed the bail application long before the charge-sheet was filed but the learned Special Judge was of the view that though the bail application was filed on 1.9.1999, he was disposing of the said application on 10.9.1999 only, whereas the charge-sheet had been filed on 8.9.1999 itself and, therefore, the petitioner is not entitled to be released under Sec. 167 (2) Code Criminal Procedure after the charge-sheet was filed. In support of this view the learned Special Judge, relied upon the decision of the Honourable Supreme Court in Sanjay Dutt Vs. State through C.B.I. Bombay, (1994 (3) Recent Criminal Reports 684) : [1994(3) All India Criminal Law Reporter 171 (SC)] wherein it was held that -