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2023 Supreme(Del) 4801

TUSHAR RAO GEDELA
Mohd. Tabrez – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Mr. Nitin Bansal, Advocate, for the Petitioner.
Mr. Shoaib Haider, APP with SI Sudhir Kumar, ANTF/Crime Branch.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. This is a revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to set aside the impugned order dated 05.05.2022 passed by the learned Trial Court in case No. SC/622/2021 emanating out of FIR No. 94/2021 under Sections 21/25/29 of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short "NDPS Act") registered at Police Station Crime Branch (North) whereby the learned Trial Court had dismissed the application under Section 167(2) Cr.P.C. seeking grant of default bail to the petitioner.

2. Mr. Nitin Bansal, learned counsel appearing for the petitioner has made submissions primarily on three grounds:

(i) that the incomplete chargesheet which is stated to have been filed within the period of 180 days as stipulated under the Act, is no chargesheet under the eye of law and as such the petitioner would be entitled to the provisions of Section 167(2) Cr.P.C. and automatic grant of default bail;

(ii) Proviso (4) to Section 36A of NDPS Act itself provides extension of time by the Special Courts to file the chargesheet o

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