RANJEET Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These Criminal Misc. Bail Applications have been brought under Sec. 439 of Cr.P.C. in connection with FIR No. 452/2021 registered with Police Station Pilani, Jhunjhunu for offences under Ss. 8 and 20 of the N.D.P.S. Act.

(2.) According to FIR, 44Kg of Ganja was recovered from a vehicle, on which petitioners were there. The petitioners were arrested in the case on 27/10/2021. The investigation could not be completed within 180 days, hence, the petitioners filed applications for bail under Sec. 167 (2) Cr.P.C. on 6/5/2022. Thereafter, charge-sheet was submitted on 11/5/2022.

(3.) Learned Counsel for the petitioners submits that the learned Court below has acted against the mandate of law. As soon as the petitioners exercised their right of peremptory bail, the Court below should have passed necessary order on the applications of the petitioners and should not have waited for the charge- sheet, which was filed after five days of filing of the applications under Sec. 167 (2)Cr.P.C. One of the petitioners is suffering from cancer.