DEVAANAND @ DEVA NAND Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) By way of filing this revision petition, petitioner Devaanand assails order dated 22.12.2017 passed by learned Special Court, Hoshiarpur whereby an application filed by the petitioner under Section 167(2) Cr.P.C. seeking his release on bail on the ground that copy of the challan had not been furnished to the accused though challan had been presented within the stipulated period of 180 days.

(2.) A few facts necessary to notice for disposal of this petition are that a complaint for offences under Sections 8, 20, 29 and 60 of NDPS Act was filed by respondent-Narcotics Control Bureau, Chandigarh against the petitioner on the allegation that he was found in possession of 5.300 K.G. of Charas which falls within the category of commercial quantity. Admittedly, the challan was presented on 14.12.2017 i.e. within the stipulated period of 180 days from his date of arrest. However, since the accused had not been produced in the Court on that day, therefore, copy of the challan was not furnished to the accused. The stipulated period of 180 days expired on 19.1.2017. It was on 21.12.2017 when the accused was produced in the Court and that a copy of challan was furnished to him. It is on account of the aforesaid delay of two days in furnishing copy of the challan to the accused that the accused sought benefit of his release on bail in terms of provisions of Section 167(2) Cr.P.C. The said application was however, declined by the learned Special Court which has been challenged by way of filing the present revision petition.

(3.) I have heard the learned counsel for the petitioner and have also gone through the impugned order as well as the documents annexed with the petition.