BAJRANG Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Sec­tion 439 of the Code of Criminal Procedure (in short, the Code) for grant of bail in case FIR No. 45, dated 22nd February, 1995, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, P. S. Bhiwani, District Hissar.

(2.) NOTICE of this petition was issued to A. G. Haryana, on llth May, 1995. During the pendency of this petition, the petitioner also filed Crimi­nal Misc. Application No. 10454 of 1995 seeking permission of the Court to bring on record the affidavit of Mahavir Parshad, who is the real brother of the petitioner. In this affidavit, it has been stated that the petitioner has been in judicial custody since 22nd February, 1995 and the challan has been filed after the expiry of 90 days from the date the remand was granted. This application came up for hearing on 15th June, 1995 and the same was allowed and the affidavit of Mahavir Parshad was directed to be taken on record.

(3.) MR . Jain, learned Counsel appearing on behalf of the petitioner, has drawn my attention to sub-section (2) of Section 167 of the Code and has submitted that the trial Court could not authorise the detention of the peti­tioner in custody beyond the period of 90 days and since the challan has not been filed upto 90 days from the date of the order of remand, the peti­tioner was entitled to be released on bail. In support of his contention learned Counsel placed reliance on two judgments of this Court in the case of Ajit Singh v. State of Punjab, 1994 (1) CCJ 344 and Daljit Singh alias Manga Singh v. The State of Punjab, 1994 CLT 470 and a judgment render­ed by a Division Bench of Madhya Pradesh High Court in the case of Umashankar v. State of Madhya Pradesh, 1982 CLJ 1186. He also relied upon two judgments of the Supreme Court in Hussainara Khatoon v. Home Secretary, State of Bihar, AIR 1979 SC 1377 and Union of India v. Thami-sharasi, JT 1995 (4) SC 253: 1995 JIC 904 (SC).