AZUKA Vs. STATE OF U.T.

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 401 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C") for quashing of order dated 28.02.2020 passed by learned Additional Sessions Judge, Chandigarh on bail application No.329 of 2020 titled as 'Azuka Vs. State of U.T., Chandigarh' whereby application for grant of bail under Section 167(2) of the Cr.P.C. in case FIR No.442 dated 05.12.2019 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short 'the NDPS Act') was dismissed.

(2.) Briefly stated, the facts relevant for disposal of the present petition are that on recovery of 211 grams of heroin from possession of the petitioner on 05.12.2019 above-said FIR was registered and the petitioner was arrested on that date. On completion of investigation, report under Section 173(2) of the Cr.P.C. was filed on 01.02.2020 within period of 60 days without CFSL report which was awaited. The petitioner filed application for grant of bail under Section 167(2) of the Cr.P.C. which was dismissed by learned Additional Sessions Judge, Chandigarh in view of the judgments of this Court in CRR-1731-2019 titled Akash Kumar @ Sunny decided on 16.10.2019 and CRM-M-44412-2019 titled Shankar Vs. State of Haryana, decided on 20.12.2019.

(3.) Feeling aggrieved, the petitioner has filed the present petition for setting aside of the above said order.