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2023 Supreme(P&H) 1499

ASHOK KUMAR VERMA
Mohammad Asif – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Ritesh Tomar, Mr. Gaurav Bansal AAG, Haryana

Judgment

Mr. Ashok Kumar Verma, J.

The petitioner has filed the present revision petition for setting aside the impugned order dated 15.10.2022 passed by learned Additional Sessions Judge, Faridabad whereby the application filed by the petitioner under Section 167(2) Code of Criminal Procedure, 1973 for grant of default bail in case FIR No.80 dated 03.03.2022, registered under Section 22 (c) of the NDPS Act at Police Station Dhauj, District Faridabad, was dismissed.

2. Reply by way of an affidavit dated 20.03.2023 of Sh. Surender Sheoran, Assistant Commissioner of Police, Mujesar, Faridabad has been filed in the Court today which is taken on cord.

3. Learned counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated in the above-said FIR and was arrested on 03.03.2022. He further submitted that the subject matter of the alleged confiscated quantity in the present case was falling within the category of “commercial quantity” under the NDPS Act which was 420 injections of Buprenorphine IP legesic (2ml each) and therefore, the challan was required to be presented within a period of 180 days, in view of Section 167(2) of the Cr.P.C. read with Sectio

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