HETRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal revision is against refusal of prayer for default bail under Sec. 167(2) Cr.P.C.

(3.) The petitioner is an accused in FIR No. 51/2024 registered with Sahwa Police Station, District Churu for offences under Sec. 8 read with Sec. 18 of the NDPS Act. Allegation is that the petitioner was found cultivating poppy straw within the compound of his house and total recovery of poppy straw was 7 Kg. 100 Gm. The petitioner was remanded to judicial custody on 23/3/2024. The petitioner filed an application for default bail on 28/5/2024. The Court below adjourned the matter for 29/5/2024 for the reason that regular Judge of the Court was on leave. The Court simply called for office report regarding filing of the charge sheet. On 29/5/2024, the Court ordered that the matter be placed on 30/5/2024 alongwith the case diary. On 30/5/2024, the police filed the charge sheet. On 31/5/2024, the impugned order refusing the prayer for bail was passed. The Court was of the view that since charge sheet was filed for recovery of commercial quantity, hence, the charge sheet might have been filed within 180 days.