JUDGMENT

Mukta Gupta, J. - The petitioner is in custody in case FIR No. 1203/2019 under Section 21(B) of the NDPS Act registered at P.S. Sultanpuri, Delhi. Case of the prosecution is that on 6th December, 2019, the petitioner was found to be in possession of 50 gms. of Heroin and 50 gms. of Heroin was recovered from the co-accused.

2. According to learned counsel for the petitioner, the alleged recovery from the petitioner being of a quantity less than the commercial quantity, the maximum punishment which could be awarded to the petitioner was upto 10 years'' imprisonment besides fine and thus, the charge sheet was required to be filed within 60 days and the Special Judge had no jurisdiction to remand the petitioner without charge sheet after 4th February, 2020. The charge sheet was not filed till 4th February, 2020, hence, according to the petitioner, he was entitled to bail under Section 167(2) CrPC. The petitioner was not represented by a lawyer engaged by him and the learned Trial Court though provided him with legal aid on the first day of remand before it i.e. 7th December, 2019, however, thereafter, no advocate appeared for the petitioner. As the petitioner was unrepresented