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2021 Supreme(Chh) 66

NARENDRA KUMAR VYAS
Vinay Dubey S/o Late Ramesh Dubey – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Shailendra Dubey.
For the Respondent: Shri Rakesh Sahu.

ORDER :

1. The petitioners have filed present Cr. M.P. for quashing of the order dated 12.04.2021 passed by learned Additional Sessions Judge and Special Judge (NDPS), Balodabazar- Bhatapara in connection with Crime No. 110/2021 whereby an application filed by the petitioners under Section 167(2) of Cr.P.C. for grant of default bail was rejected on the count that charge-sheet has not been filed within 60 days.

2. The petitioners were charged for offence punishable under Section 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’). It is the case of prosecution is that from possession of petitioner No. 1, 145 strips of Spasmo Proxyvon Plus total 1160 capsules and from the possession of petitioner No. 2, 90 strips total 720 capsules of Spasmo Proxyvon Plus prohibited psychotropic drugs were seized. The seized quantity of the psychotropic drugs was higher than minimum quantity but less than commercial quantity.

3. The facts projected by the petitioners, in brief, are that the petitioners are arrested on 09.02.2021 in connection

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