SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) The petitioner has been arrested in FIR No. 175/2019 of Basni Police Station, District Jodhpur for the offences punishable under Ss. 8/18 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution story, the petitioner was arrested on 9/4/2019 and 2 kgs 900 gms of opium was recovered from his possession. It is submitted that as per the law, charge-sheet was to be filed against the petitioner within 60 days of his arrest, however, the same was filed on 62nd day. It is argued that the petitioner has moved a bail application under Sec. 167(2) CrPC before the trial court and the trial court while rejecting the said bail application of the petitioner has observed that since on 60th and 61st days of the arrest of the petitioner, the court was closed on account of holidays and on 62nd day, the charge-sheet was filed, it cannot be said that there is any delay in filing the charge-sheet. It is submitted that the said observation of the trial court is illegal as the charge-sheet was not filed against the petitioner within time limit, therefore, he is entitled to be enlarged on bail.