(1.) The present revision petition has been preferred against the order dtd. 31/8/2022 passed by the Additional Sessions Judge, Fatehabad whereby the application for grant of default regular bail preferred by the petitioner under Sec. 167(2) Cr.P.C. in case FIR No.92 dtd. 13/2/2022 registered under Ss. 20, 25 of the NDPS, 1985 at Police Station Gannaur, Sonepat has been dismissed.
(2.) The brief facts of the case are that while the police party was on patrolling duty, secret information was received that Mani Ram son of Rajender, Rajpal @ Billu (petitioner) son of Sube Singh and Vishal son of Hoshiar Singh were moving around in the village carrying a heavy quantity of charas with them in a black coloured Tata Harrier car and if barricading was done on the road from Panchi Jattan to Rajpur, the three accused could be apprehended along with the vehicle and narcotics. Based on the information, a report was prepared and sent to the Police Station Ganaur in this regard. Meanwhile, the police party started checking vehicles and after some time the car in question was seen coming from the side of Panchi Jattan. It was stopped. Two boys alighted from the vehicle. One young boy was sitting on the driver seat and one boy ran away from the spot. The arrested boys disclosed their names as Mani Ram son of Rajender and the driver as Rajpal @ Billu (petitioner) son of Sube Singh. The boy who ran away was Vishal. Thereafter, the recovery of 1 kg 800gms of charas came to be effected from the dash board of the vehicle. The copy of the FIR is attached as Annexure P-1 to the petition.
(3.) As the petitioner came to be arrested on 13/2/2022, the period of 180 days to present the report under Sec. 173(2) Cr.P.C. was to be completed on 11/8/2022. Therefore, an application was moved by the Investigating Officer seeking extension of time for presentation of a report under Sec. 173 Cr.P.C. The copy of the order dtd. 2/8/2022 whereby extension for presentation of the report under Sec. 173(2) Cr.P.C. was allowed is attached as Annexure P-2 to the petition.