AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The significant question raised in this petition is whether the accused loses the right to be released on bail after the expiry of the maximum period laid down in the proviso to S. 167 of the Code of Criminal Procedure.(hereinafter referred to as 'the Code) if challan is presented before the release but after the expiry of that period.

(2.) The petitioner was arrested under S. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1965, for having been found in possession of 10 kgs of contraband opium, on 25/06/1993. The accused was frist produced before the Court and was remanded to custody on 30/06/1993, and challan was presented on 28/09/1993. From the above dates, it is clear that the challan was presented on the 91st day of the date of remand when the accused was first produced before the Magistrate.

(3.) It is settled law that period of 90 days Within the meaning of the proviso to S. 167(2) of the Code is to be counted from the day the accused is first remanded to custody, whether police custody or judicial custody, and not from the date of arrest.It may also be taken as settled that S. 10 of the General Clauses Act does not apply if the 90th day or the 60th day, as the case may be, happens to be a public holiday. This is for the reason that S. 10 of the General Causes Act lays, down that something required to be done by law by a prescribed date can be done on the following working day where the last day is a public holiday. This provision does not apply because there is no legislative command that charge-sheet must be filed within 90/ 60 days. If charge-sheet not filed within the said time limit; all that happens is that the accused gets a right to be released on bail,.