DARSHAN SINGH Vs. SUPERINTENDENT CUSTOMS

JUDGEMENT

(1.) The accused-petitioner from whom heroine weighing one kg of the value of Rs. one crore in the International market is involved in a case punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as Act). The prayer of the petitioner for grant of bail allegedly on the ground of his innocent and being in continuance custody for more than sixty days was rejected by the Chief Judicial Magistrate, Jammu by his order dated Oct., 1989.

(2.) I have heard the learned Counsel for the parties and perused the record.

(3.) Mr. OP. Sharma learned Counsel for the petitioner has submitted that as the petitioner was in custody for more than sixty days, he was entitled to be released on bail under Section 167 of the Criminal Procedure Code. The provisions of Section 167 of the Criminal Procedure Code are not applicable in the present case as he is involved as an accused person in a complaint filed by the respondent and no investigation is being conducted under the Chapter XIV of the Criminal Procedure Code otherwise also it has been held on facts that the complaint was filed against the petitioner Within the statutory period of sixty days from the date of his arrest.