MUKHTIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER seeks regular bail under section 439 Cr.P.C. in case F.I.R. No. 197 dated 12.7.1997 under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), Police Station Jhansa.

(2.) AS per prosecution case, on a tip off from an informer, petitioner along with three others was apprehended by the police of police station Jhansa in the area of village Salpani Kalpan and seven bags each containing 40 Kgs. of poppy husk were recovered from the possession of the petitioner and his companions on 12.7.1997. He applied for bail before the Additional Sessions Judge, Kurukshetra, who declined the same vide order dated 11.11.1997, which led him to file the present petition which has been resisted by the learned State Counsel.

(3.) IT has been argued by the learned counsel for the petitioner that the petitioner along with his co -accused was arrested on 12.7.1997. Challan in the case was prepared on 21.10.1997 and was put in Court on 27.10.1997. It was thus argued by the learned counsel that the challan as provided under Section 167 Cr.P.C. was required to be filed within 90 days from the date of arrest of the petitioner but in the instant case challan was presented much after the expiry of 90 days which entitles the petitioner to be released on bail.