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Judgment
M.M. Singh Bedi, J.—For having been found in possession of 250 grams of intoxicating powder containing Alprazolam, the petitioner has been in custody w.e.f. August 30, 2013. 180 days expired on February 26, 2014. An application u/s 167(2) Cr.P.C. was filed by the petitioner on February 28, 2014 before lunch sessions. The matter was posted for hearing post lunch. The challan was presented during lunch break.
In view of the judgment of Uday Mohanlal Acharya Vs. State of Maharashtra, , an indefeasible right had been accrued in favour of the petitioner for being released on bail on account of the default of investigating agency for not completing the investigation within the period prescribed and the petitioner had become entitled to be released on bail. The said right had accrued to the petitioner after February 26, 2014. The challan had not been presented by that time. He opted to exercise his statutory right u/s 167(2) Cr.P.C. It is also not disputed that the prosecution agency had not moved any application prior to February 26, 2014 for extension of time to present challan under provisions of Section 36A(4) of the NDPS Act.
The petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court.
It is not out of place to mention here that on account of recovery of 7 grams of heroin from the wife of the petitioner he has been involved in another case.
Since petitioner was not found in possession of heroine, it would be debatable whether he could be held responsible for the possession of heroin from his wife for the purpose of grant of bail to the petitioner in the present case u/s 167(2) Cr.P.C.