OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner herein has been arrested on 17.3.2021 in case FIR No. 24 of 2021, dated 17.3.2021 registered in Police Station Parwanoo, District Solan, H.P. under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act). He has approached this Court on 30.4.2021 seeking regular bail under Section 439 of Code of Criminal Procedure (for short Cr.P.C.).

(2.) During pendency of petition, on 14.6.2021, learned counsel for the petitioner, on the basis of information placed on record in status report, had canvassed for release of petitioner on 'default bail' by invoking provisions of Section 167 of Cr.P.C. However, on that day, matter was adjourned for 17.6.2021, enabling learned Additional Advocate General to have complete instructions with respect to date of filing of challan. On 17.6.2021, matter was adjourned for 18.6.2021 and on that date matter was again adjourned for 21.6.2021, enabling learned Additional Advocate General to have complete instructions with respect to filing of challan. On 21.6.2021, it was informed that challan has been presented in Court on 17.6.2021.

(3.) Petitioner in present case has been arrested on 17.3.2021 and he was produced before the Magistrate on the same day and since then he is in judicial custody.