AVTAR SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) According to the prosecution version on 2/3/2020, upon routine checking at naka point Chanderkote, by police party of Police Station, Chanderkote, police intercepted a truck bearing registration No. PB13AR-9706 which was on its way from Srinagar to Jammu, was stopped and searched. During its search, 38 Kgs (two plastic bags containing 19 Kg each) Poppy Straw was recovered from the aforesaid truck. The driver namely Avtar Singh S/o Amar Singh and one more person namely Charanjit Singh S/o Mohinder Singh both residents of Kuhil, Tehsil and District Ludhiana, Punjab, were taken into custody.

(2.) According to the prosecution after performing legal formalities by the Investigation Officer, a case under Sec. 8/15 of the Act is said to have been registered and upon completion of investigation charge sheet is stated to have been filed on 24/6/2020 against the petitioners/ applicants before the Court of Principal Sessions Judge, Ramban.

(3.) The petitioners / applicants herein, in the instant application state to have earlier filed a bail application before the court of Principal Sessions Judge, Ramban being file No. 47/Bail on 9/6/2020 seeking grant of default bail on the premise that the petitioners /applicants are entitled to bail in view of the fact that the petitioners /applicants came to be arrested and sent into custody by Police on 2/3/2020 and that the respondents / non-applicants filed charge sheet after the stipulated period and are therefore, entitled to default bail under Sec. 167 (2) Cr. PC, as a matter of right.