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2019 Supreme(MP) 327

VEVEK RUSIA
Jitendra – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
Sanjay Sharma for applicants; Yogesh Gupta, Government Advocate for respondent/State.

ORDER

1. The petitioners have filed the present revision under section 397 read with section 401 of CrPC against order dated 28.5.2019 whereby application filed under section 167(2) of CrPC has been rejected.

2. As per prosecution case, on 25.3.2019, on a discreet information, the police stopped Maruti Swift Car bearing Registration No. MP-09-CL-6626. It was found that the vehicle was being driven by the petitioner No.1 and two other petitioners were sitting on the back seat of the car and the plastic bag was found also below the back seat containing 20 Kgs 'Ganja'. After following the due procedure prescribed under law, the police arrested them and after completing the investigation, filed the charge-sheet under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short).

3. The petitioners filed an application under section 167 (2) of CrPC before the Special judge who is having power of the magistrate under on the ground that the challan has not been filed within 60 days from the date of arrest; hence they are entitled for release on bail.

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