PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 r/w Sec. 167 (2) Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.22/2022 registered at Police Station Ratanada, District Jodhpur for the offences under Ss. 8/18 of the NDPS (Narcotics Drugs and Psychotropic Substances) Act, 1985 and Sec. 42 of Rajasthan Prison Rules (Amendment Act), 2015.

(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

(3.) Learned counsel for the petitioner submits that the incarceration of the present petitioner is illegal as the charge- sheet in the present case was not filed within the stipulated period of 60 days. He submits that the petitioner was arrested in the present case on 17/1/2022 on account of the fact that 95 Grams of Opium Milk was recovered from the him. He further submits that as the contraband recovered was below commercial quantity (95 Grams of Opium Milk), therefore, as per Sec. 167 (2) Cr.P.C the charge-sheet after investigation was required to be filed within a period of 60 days. He further submits that the 60th day after the date of arrest of the petitioner comes to 19/3/2022 and, therefore, the charge-sheet should have been filed on or before 19/3/2022 whereas, admittedly, the charge-sheet was filed on 21/3/2022. Learned counsel further submits that in view of the judgment dtd. 15/10/2020 passed by this Court in the S.B. Criminal Misc. Bail Application No.4063/2020 "Ashok Siyol and Anr. Vs. State of Rajasthan", the petitioner is entitled to be released on bail.