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1993 Supreme(Guj) 158

K.J.VAIDYA
SARDARSINGH NAGSINGH RAJPUT – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.B.PANDA, K.C.SHAH, K.P.RAVAL, M.A.BUKHARI, M.H.CHINOY, P.S.CHAMPANERI, YOGESH LAKHANI

VAIDYA, J.

( 1 ) IN this group of three Misc. Criminal Applications pertaining to bail under the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "n. D. P. S. Act"), following four are indeed the questions of quite great legal importance, having sweeping effect upon the ultimate fate of the prosecution as well as that of the accused pending trial, which have surfaced during the course of arguments calling for determination of the same by this court. They are : (1) Whether for any alleged lapse or default committed by the Investigating agency in not submitting charge-sheet within the prescribed time limit of 90 days as warranted under Sec. 167 (2) (a) of the Code of Criminal Procedure, 1973, particularly in matter of the offences punishable under the N. D. P. S. Act, the accused are straightway entitled to be released on such default bail, altogether overlooking and ignoring the limitations imposed by the Legislature on Courts on exercise of such powers under Sec. 37 (amended) of the said Act ? (2) Whether any Court can refuse to accept the charge-sheet submitted to it by the Investigating Agency on the alleged two grounds, viz. , (i) that the same was not presented o










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