PRITAM Vs. STATE OFHARYANA

JUDGEMENT

(1.) The instant Revision petition has been filed under Sec. 439 read with 167(2) of the Code of Criminal Procedure challenging the order dtd. 24/3/2021 passed by Ld. Addl. Sessions Judge, Fatehabad in case FIR No.277 dtd. 29/7/2020, registered under Ss. 22-C, 27-A, 61, 85 of the NDPS Act, 1985, at Police Station Sadar Fatehabad, District Fatehabad.

(2.) Background of the matter is that the Petitioner was alleged to have been apprehended along with 2200 strips on 29/7/2020 with the contraband in the form of "Alprazolam Tablets" weighing 4 Kg 400 gms.

(3.) It is undeniable that the Petitioner's application for release by way of default bail was filed only on 23/3/2021 at a stage when extension of time for submitting final report had already been granted by the Ld. Court below more than once on 22/2/2021 and 18/3/2021. To that extent the Petitioner's subsequent application for grant of statutory bail dtd. 23/3/2021 would appear to be untenable, since such bail was sought for at a stage when time for submission of final report had already been extended. Ld. Counsel for the Petitioner has nevertheless relied upon various judgments passed by Co-ordinate Benches of this Court to contend that the Petitioner's right to statutory/ default bail cannot be defeated by mechanical extension of time for such reasons as non-receipt of Chemical Examination Report/ FSL report or impending arrest of other accused persons.