TAJUDIN ALIAS ROHTASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present Revision Petition has been filed challenging the order passed by the learned Addl. Sessions Judge, Rohtak dtd. 2/4/2021 wherein the application filed by the petitioner for the grant of bail under Sec. 167(2) of Cr.P.C. read with Sec. 439 of Cr.P.C. has been dismissed.

(2.) As per the FIR, on 17/7/2020, a secret information was received that Tajudin @ Rohtash (petitioner), Ram Rattan @ Kala and Arvind Raut are carrying charas in a vehicle, which was a Maruti Swift car and thereafter, the police party after making a report under Sec. 42 of the NDPS Act reached the spot and the vehicle was stopped. In the vehicle, the driver disclosed his name as Tajudin @ Rohtash, who is the present petitioner and the person who was sitting next to him disclosed his name as Ram Rattan @ Kala and the third person disclosed his name as Arvind Raut. Thereafter, the procedure is stated to be followed under Sec. 50 of the NDPS Act. There was alleged recovery from a bag in the vehicle which contained 20 packets of charas and its total weight was found to be 10 Kg. 200 grams.

(3.) The subject matter of the present Revision Petition pertains to the prayer for grant of default bail to the petitioner under Sec. 167(2) of the Code of Criminal Procedure. The petitioner was arrested on 17/7/2020 and after the investigation of the case, report under Sec. 173 of Cr.P.C. was presented on 5/10/2020. Although the report was presented within a period of 180 days, but it was not accompanied with the FSL report. The FSL report was ultimately filed in the Court on 2/4/2021, which was beyond the period of 180 days. Nothing has been brought on record or to the notice of this Court with regard to the filing of any application for extension of time.