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2023 Supreme(P&H) 957

JASJIT SINGH BEDI
Pawan @ Bablu Sighar – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. D.N. Ganeriwala, Advocate for the Petitioner.
Mr. Neeeraj Poswal, Assistant Advocate General, Haryana.

JASJIT SINGH BEDI, J.

The present revision petition has been directed against the order dated 17.09.2022 passed by the Additional Sessions Judge, Sirsa, vide which the bail application filed by the petitioner under Section 36-A of the NDPS Act read with Section 167(2) Cr.P.C., seeking default bail was dismissed.

2. Briefly, FIR No.316 dated 14.7.2022 under Section 15/61/85 of the NDPS Act with Police Station Sadar Dabwali, came to be registered in pursuance to the recovery of 14Kg Doda Post.

3. The petitioner was arrested on 19.02.2021 and the report under Section 173(2) Cr.P.C. without the FSL report was submitted on 07.09.2022. 60 days lapsed on 12.09.2022. An application was moved under Section 167(2) Cr.P.C. on 16.09.2022 which came to be dismissed on 17.09.2022 (the impugned order).

4. The learned counsel for the petitioner inter alia contends that the Trial Court has wrongly dismissed the application filed by the petitioner under Section 167(2) Cr.P.C. read with Section 36-A of the NDPS Act for default bail without assigning any cogent reason and despite knowing the fact that an incomplete challan had been filed.

5. The learned counsel for the petitioner has placed reliance on a D

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