STATE Vs. MANGI LAL

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 20. 10. 1993 passed by Special Judge, NDPS Act Cases, Bhilwara, granting bail to the accused-respondent under Section 167 (2) Cr. P. C.

(2.) THE accused respondent - Mangilal was arrested on 8. 7. 1993 and charge-sheet against him was filed on 18. 10. 1993 i. e. after 104 days. Learned Special Judge after hearing both the parties has granted bail to the accused-respondent.

(3.) THE Hon'ble Supreme Court in case of Union of India vs. Thamisharasi & Ors. (supra), while holding that provisions of Section 167 (2) Cr. P. C. also apply to the NDPS cases has held in para - 13 of the judgment that provision of Section 37 to the extent it is inconsistent with Section 437 of the Code of Criminal Procedure supersedes the corresponding provision in the Code and imposes limitations on granting of bail in addition to the limitations under the Code of Criminal Procedure as expressly provided in sub-section (2) of Section 37. these limitations on granting of bail specified in sub-section (1) of Section 37 are in addition to the limitations under Section 437 of the Code of Criminal Procedure and were enacted only for this purpose; and they do not have the effect of excluding the applicability of the proviso to sub-section (2) of Section 167 Crpc which operates in a different field relating to the total period of custody of the accused permissible during investigation.