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2021 Supreme(P&H) 256

JAISHREE THAKUR
Devender – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Vikas Bishnoi, Advocate, Deepshikha Chauhan, Advocate

JUDGMENT

Jaishree Thakur, J. - The instant petition has been filed by the petitioner seeking to challenge order dated 15.09.2020 passed by the Additional Sessions Judge, Hisar whereby his application for release on default bail under Section167 (2), Cr.P.C. arising out of FIR No. 112 dated 15.03.2020 under Sections 16 and 18 of the NDPS Act, registered at Police Station Azad Nagar, District Hisar has been dismissed.

2. Learned counsel for the petitioner herein would contend that the petitioner has been falsely implicated in the said matter and he was arrested on 15.03.2020 under the NDPS Act. It is contended that the petitioner would be entitled for the concession of default bail as the complete challan had not been submitted. It is argued that the challan was presented on 11.05.2020, without being accompanied by the FSL report, therefore, it would be deemed to be an incomplete challan. The FSL report has been presented only on 15.09.2020 i.e. after the expiry of the stipulated period of 180 days. Hence by virtue of Section 167(2) Cr.P.C., the petitioner would be entitled to be released on default bail. Learned counsel relied upon the judgments as rendered by the Division Bench of th

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