JASWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition is directed against the impugned order, as made by the learned Additional and Sessions Judge, Fatehabad, on 11/11/2021, wherethrough, he declined to grant the craved for indulgence of de-fault bail to the petitioner herein, in case arising out of FIR No.219 of 24/9/2020, registered at Police Station Sadar Tohana, District Fatehabad, wherein offences constituted under Ss. 22-C, 27-A of NDPS Act, are embodied.

(2.) From the alleged conscious, and, exclusive possession of the petitioner, and, co-accused, at the crime site, recovery became effected of 700 strips (containing 10 tablets each) of Tramadol Hydrochloride Tablets 100 mg. Clovidol-100 SR bearing batch No.TVD-20301, MFG-AUG-2020, EXP-JUL2023 (total 7000 tablets), hence weighing 3 kg 714 grams. The weight of the seizure makes it fall within the ambit of commercial quantity thereof, and, thereons the rigor of Sec. 37 of NDPS Act are applicable, and, prima-facie the present bail petitioner, is not entitled, to his becoming admitted to regular bail.

(3.) However, since the investigating officer, from the date of registration of FIR against the present bail petitioner, inasmuch as on 25/9/2020, did not proceed to, within the ambit of the statutory contemplation carried in sub-Sec. 4 of Sec. 36A of NDPS Act, provisions whereof stands extracted hereinafter, rather file a complete challan, before the learned trial Judge concerned, and, nor asked hence on any valid credible grounds, qua extension of time nor when any affirmative order became made on the prosecutor's application (supra). Therefore, the petitioner through his casting an application under Sec. 167(2) of the Cr.P.C., claimed indulgence qua his being admitted to default bail.