RAJAN KUKREJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner was arrested in connection with FIR No. 14/2015 of Police Station, GRP Abu Road, District Sirohi. Charge -sheet has been filed against him for the offences punishable under Ss. 8/22 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, (for short 'the NDPS Act') and the Special Judge, NDPS Act Cases, Sirohi (for short 'the trial court' hereinafter) took cognizance against the petitioner for the offences punishable under Ss. 8/22 and 8/29 of the NDPS Act vide order dated 28.09.2015.

(2.) The bail application moved by the petitioner under Sec. 439 CrPC has been dismissed by the trial court vide order dated 24.11.2015 and now the petitioner has preferred this application under Sec. 439 CrPC seeking bail.

(3.) It is argued that after filing of the charge -sheet against the petitioner on 11.09.2015, the trial court took cognizance against the petitioner only on 28.09.2015 and in such circumstance, the custody of the petitioner from 11/12.09.2015 to 27.09.2015 was illegal because after filing of the charge -sheet, the period of remand under Sec. 167 CrPC comes to an end and if further custody of the petitioner was necessary, then it can only be done under Sec. 309 CrPC after taking cognizance of the offence. It is submitted that after submission of the charge -sheet against the petitioner on 11.09.2015, the trial court did not take cognizance against the petitioner till 28.09.2015 and, therefore, his custody from 11/12.09.2015 to 27.09.2015 was unauthorized and as such he is entitled to be released on bail as per the provisions of sub -section (2) of Sec. 167 CrPC. In support of the above contentions, learned counsel for the petitioner has placed reliance on decision of Karnataka High Court rendered in Devindrappa & Anr. Vs. State of Karnataka, : 2004 CRI.L.J. 1506.