SHANKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed present petition under Section 167(2) read with Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C .') for grant of default bail to the petitioner in case FIR No.0087 dated 04.04.2019 registered under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'the NDPS Act ') at Police Station Civil Lines Sirsa, District Sirsa.

(2.) Briefly stated the facts giving rise to the filing of the petition are that the petitioner was apprehended on 04.04.2019 by the police party headed by ASI Deepak Kumar on suspicion and on search as per the prescribed procedure 5 boxes of NRX Tramadol Hydrochloride Diclofenac Sodium Dicyclomine Hydrochloride Chlorpheniramine Maleate Capsules Parvorin Spas Ridley containing 200 capsules each were recovered from the bag carried by the petitioner. The petitioner was arrested on 04.04.2019 and the above- said FIR was registered against him. On interrogation, the petitioner disclosed that he had purchased aforesaid 1000 intoxicating capsules from one person named Sardar from Peeragarhi, Delhi. On completion of investigation, the police filed report dated 24.05.2019 under Section 173(2) of the Cr.P.C. against the petitioner who is in custody since his arrest on 04.04.2019.

(3.) The petitioner has filed present petition on the ground that the period of 180 days has expired and FSL Report has not been received and report filed under Section 173(2) was liable to be treated as incomplete. Case is covered by the ratio of judgment delivered by the Division Bench of this Court in CRR-4659-2015 titled 'Ajit Singh alias Jeeta and another Vs. State of Punjab' decided on 30.11.2018. Therefore the petitioner may be granted default bail under Section 167(2) of the Cr.P.C.