TIRATH RAM Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner is facing trial for offences under Section 8/15 of the NDPS Act before the Principal Sessions Judge, Ramban in connection with FIR No. 21/2020 registered with Police Station, Banihal.

(2.) As per the prosecution story, on 12.02.2020 the police party at Police Station, Banihal intercepted a truck bearing Registration No. HP71-4052 at about 17.30 hours and upon its search 02 plastic bags weighing approximately 25 kg each was recovered from the possession of the driver Tirath Ram- petitioner herein and the conductor. Both these bags are alleged to have contained Poppy Straw.

(3.) A challan was presented in the Court on 22.06.2020 i.e. beyond the period of 60 days, as prescribed under Section 167(2)(a)(ii) of the Code of Criminal Procedure. It thus becomes clear that the petitioner was arrested on 12.02.2020 and the period of 60 days in terms of Section 167(2)(a)(ii) above was to expire on 12.04.2020. Having failed to present the challan within 60 days period, which ultimately was presented on 22.06.2020, an application was filed by the petitioner before the Sessions' Court at Ramban bearing File No. 46/ Bail, seeking bail on account of the failure of the investigating authority to file the chargesheet within the time prescribed. This prayer was, however, rejected by the Court below primarily on the ground that the challan had since been filed and considering the seriousness of the accusation against the petitioner, it would be against the interest of the society to grant such a bail.