RANBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This is a petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the Code) by the petitioner -accused (hereafter referred to as the accused) for grant of bail on the ground that the prosecution has failed to put up the charge sheet against the accused within a period of 90 days, therefore, he is entitled to be released on bail.

(2.) Case of the prosecution against the accused, in brief, is that he alongwith one Sher Singh, was apprehended by a police party on 12.12.2001 and an air bag containing 4 kgs. 950 grams of charas which was kept by the accused near his legs was recovered. The accused earlier moved Cr.M.P. (M) No. 73 of 2002, titled Ranbir Singh v. State of H.P, which was dismissed by this Court vide its order dated February 26, 2002 on merits. It is now claimed by the accused that the charge sheet has not been forwarded to the concerned Court against him within the period of 90 days as provided under Section 167 of the Code, therefore, he is entitled to be released on bail, irrespective of the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act (hereafter referred to as the NDPS Act).

(3.) I have heard the learned Counsel for the accused and the learned Assistant Advocate General for the State and have also gone through the police report and the records.