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2019 Supreme(J&K) 99

SANJAY KUMAR GUPTA
Mohd Rafiq – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Zainab Shamas Watali, Advocate
For the Respondent: Mr. Suneel Malhotra, GA

JUDGMENT :

1. Through the medium of instant application, the petitioner/applicant inter alia seeks indulgence of this Court for grant of bail on the grounds that after the arrest of the petitioner/applicant on 04.01.2018, he was produced along with other accused before the Executive Magistrate, Jammu on 05.01.2018 for getting their first remand and the petitioner/applicant was on remand of the police till 03.07.2018; that the petitioner/applicant in this case was arrested on 04.01.2018 and from the period of his first remand i.e. 05.01.2018 till 03.07.2018, the period of 180 days as prescribed in Section 36-A (4) of the NDPS Act for producing the charge sheet had expired and the investigating agency failed to file the charge sheet before the competent court of law. It is further stated that as per the settled law, the period of detention which is required to be taken into consideration by the court for grant of bail under Section 167(2) CrPC is the period of the first remand of the petitioner/applicant and in the instant case the first remand was taken on 05.01.2018 and till 03.07.2018 the period of 180 days had expired; that the petitioner/applicant had moved an application before













































































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