SALEEM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 439 Cr.P.C, read with Sec. 167(2) Cr.P.C, for grant of regular bail to the petitioner pending trial in case FIR No.373, dtd. 10/8/2020 registered at Police Station Nuh [wrongly mentioned as Sadar Nuh in the impugned order (P-2)] District Nuh, under Sec. 20-C of the NDPS Act [wrongly mentioned as Sec. 61 in FIR(P-1)].

(2.) Brief facts of the case in hand as set up by the prosecution may be noticed thus. In pursuance to receipt of secret information, that the petitioner and co-accused were indulging in sale of narcotic drugs and had stocked Ganja in truck bearing No. HR-73A-8465, a raid was conducted on 10/8/2020 by the Police party at the disclosed place. However, co-accused fled from the spot and only the petitioner was apprehended by the police party. After complying with the mandatory provisions of the NDPS Act, the search of the truck was carried out which led to the recovery of 04 bags containing 160 kg of Ganja patti and the arrest of the petitioner effected. Thereafter, investigation was set into motion leading to the presentation of the challan before the trial Court on 30/10/2020.

(3.) Learned counsel submits that no doubt the challan under Sec. 173 Cr.P.C, was indeed presented within the prescribed statutory period of 180 days however since the FSL report was not part of the challan, it would be deemed to be an incomplete challan thus entitling him to the grant of default bail under the provisions of Sec. 167(2) Cr.P.C, read with Sec. 36A(4) of the NDPS Act.