OM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has filed this application under Section 439 read with Section 167(2) of the Code of Criminal Procedure (for short 'Code') for grant of regular bail in case FIR No. 51 of 2013 dated 8.12.2013 registered at Police Station, Nerwa, under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act').

(2.) THE case of the petitioner is that he has been arraigned as an accused in case FIR No. 51/2013 dated 8.12.2013, registered with Police Station, Nerwa, District Shimla, H.P. allegedly for commission of offences punishable under Sections 21, 22 and 29 of the Act, along with co -accused Sunil Kumar son of Sh. Shyam Singh resident of Village and Post Office, Kaidi, Police Station, Nerwa, District Shimla, H.P. who was running a chemist shop. It is further the case of the petitioner that as per the allegations in the FIR, the police apprehended both the accused at Shikair (Nerwa) when petitioner was stated to be allegedly travelling in a Santro Car bearing registration No. HP -51L -1177 which is owned by Sunil Kumar. The allegation further contained is that on checking of the car by the police 229 Vial of Rexcof (cough syrup) were recovered allegedly containing 100 ML of Rexcof in each Vial on 25.11.2013. The police suspected the commission of an offence punishable under the Drugs and Cosmetics Act as a result, the petitioner and the said Sunil Kumar were let of by the police on their furnishing personal bond to the tune of Rs. 10,000/ - each on the same day i.e. 25.11.2013. The police after receipt of opinion from S.P. Shimla, converted the case under the Narcotics Drugs and Psychotropic Substances Act and FIR was lodged on 8.12.2013.

(3.) IT is further the case of the petitioner that thereafter another bail application No. 22 -S/22 of 2014 was filed by the petitioner on 19.3.2014 before the learned Special Judge, Shimla for release of the petitioner on default bail as the Investigating Agency has failed to file the charge -sheet within the statutory period as defined under Section 167(2) of the Code. The learned Special Judge, Shimla in its order dated 11.4.2014 has rejected the prayer of the petitioner by holding that the petitioner is not entitled for the release as defined under Section 167(2) of the Code.