H.R. Panwar, J.-By the instant criminal second bail application under Section 439 read with Section 167(2), CrPC, petitioner Hira Lal seeks bail on the ground that for a period of 60 days from the date of his production before the Magistrate , the police failed to file the challan and, therefore, the applicant filed an application seeking bail on the ground that the Magistrate is not competent to authorise detention of the petitioner after 60 days from the date he was initially produced before the Magistrate. The bail application filed by the applicant came to be rejected by the learned Sessions Judge vide order dated 012.2004 holding therein that the period for filing the challan is 90 days and not 60 days.

2. I have heard learned Counsel for the petitioner and the Public Prosecutor for the State. Carefully gone through the order impugned and the police investigating diary (case diary).

3. The allegation against the petitioner is that he was found in possession of 47.200 kgs of poppy-straw without licence or permit, which is an offence punishable under Section 8/15-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act:). In relation to po