PUNJAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE counsel for the petitioner argued on the merits pertaining to the not -compliance of the provisions of Section 50 of the N.D.P.S. Act Presently, I need not dilate over it, because I am granting bail on altogether different point.

(2.) THE accused in this case was apprehended on 20.11.1995 on the charge that he was found in possession of 2 kgs. of poppy husk. The Assistant Advocate - General, Haryana in consultation with A.S.I. Dalip Singh of P.S. Sadar Thanesar, Distt. Kunikshetra States that the challan/charge -sheet in the court so far has not been submitted because the report of the Chemical Analyser in respect of the articles seized has not so far been received. The accused was arrested on 20.11.1995. The detention of the accused is thus more than 90 days and thereby the provisions of Section 167 (2) (a) (i) are attracted. In that respect, my attention was invited to a citation in Union of lndia v. Thmnisharasi and Ors., 1995 (2) Recent CR 531, wherein it is observed by Their Lordships of the Supreme Court that the accused would be entitled to be released on bail if charge sheet under the N.D.P.S. Act was not submitted, within 90 days since the arrest of the accused. Section 37 of the N. S.P. S. Act would not be a bar for such grant of bail. In view of that, accused is granted bail on his executing bail bond and surety bond to the satisfaction of Chief Judicial Magistrate, Kurukshetra.