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J.G.CHITRE
Gauri Shankar – Appellant
Versus
Central Narcotics Bureau – Respondent


JUDGMENT

J.G. Chitre, J. - Applicant Gaurishankar is hereby making a prayer for release on bail by this application. Applicant has been charged for commission of offence punishable under provision of Sec. 8/18 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act). It is the contention of the applicant that the charge sheet has not been submitted against him in the Court by the investigating agency within period of 90 days from the date of his arrest. He is entitled to be released on bail in view of provisions of Sec. 167(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code').

2. As this application is revolving around the sole point of the right of the applicant to get released on bail in view of provisions of Sec. 167(2) of the Code, it is not necessary to State prosecution allegation against him. It is admitted fact that applicant has been arrested by the police on the charge of commission of offence punishable u/Sec. 8/18 of the N.D.P.S. Act. It is also admitted fact that the charge sheet has not been submitted against him in the Court for the said offence within the period of 90 days from the date of his arrest.

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