GOKULRAM VISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred the present bail application claiming benefit of Section 167(2) Cr.P.C.

(2.) Learned counsel appearing for the petitioners submits that the petitioners had been arrested on 24.5.2019 and was remanded by the trial Court on 25.5.2019 after being produced before the Special Court. As per the provisions of Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act of 1985"), the challan has to be filed within a period of 180 days. The challan was filed on 24.11.2019 evening and an application was filed under Section 167(2) Cr.P.C. on 21st morning itself seeking benefit thereof, the petitioners ought to have been released as 180 days period was over when the challan has been filed subsequently. Learned counsel submits that the learned Special Judge (NDPS Cases) has further wrongfully rejected his application on 21.11.2019, which goes contrary to the judgment passed by this Court in the case of Basram Meena Vs. State of Rajasthan,2018 3 CrLR 1332 (Raj.) and thus, the day of remand ought to have been included.

(3.) Learned counsel submits that the Court has failed to take notice of Basram Meena's case (supra) and has not counted the day of remand for counting 180 days. Learned counsel also relies on the judgment passed by another Coordinate Bench of this Court, at Principal Seat, Jodhpur, dated 1.2.2019 in the case of Suresh Kumar Vs. State of Rajsthan: S.B. Criminal Misc. Bail No.1000/2019, wherein judgment passed in the case of Basram Meena (supra) was followed. Learned counsel has also relied on the judgment of the High Court of Chhattisgarh, Bilaspur in Smt. Shalini Verma & Anr. Vs. State of Chhattisgarh: Criminal Misc. Petition No.2551/2018 and connected petition decided on 13.3.2019 wherein a similar view has been taken.