S.S.Sudhalkar, J.

1. Heard.

The petitioner, who is arrested in connection with an offence under section 15 of the NDPS Act, has filed this application for bail. The submission of learned counsel for the petitioner is that the Challan was not produced within the specified period as required under section 167 of the Code of Criminal Procedure and, therefore, he is entitled to be released on bail.

2. From the order of learned Additional Sessions Judge, Hisar it can be found that the accused was arrested on 4.7.1996 and produced on 5.7.1996 and on that day he was remanded to police custody. It is also stated in the order that the Challan was presented on 3.10.1996. As per decision in the case of State of M.P. v. Rustam and others, 1995 SC Cases (Cri) 830 the day on which the accused is remanded to judicial custody should be excluded and the day on which Challan is filed in the court should be included. In that case the accused was remanded on 3.9.1993 and the challan had been submitted in the court on 2.12.1993. In the present case, even considering the police remand period from 5.7.1996, the period of 90 days will end on 3.10.1996 on which date the challan was presented. Even