1991 Supreme(MP) 610

IN THE HIGH COURT OF MADHYA PRADESH
FAIZAN UDDIN, P.N.S. CHOUHAN, JJ.
Kalika Prasad - Applicant
Versus
State of M.P. - Non-Applicant
M.P. No. 3307 of 1991 (J)
Decided On : 31-10-1991

Headnote:(1) Narcotic Drugs and Psychotropic Substances Act, 1985 – – S. 20/26 – – offence under – – challan not filed within 60 days – – accused is entitled to bail.

       (2) Criminal Procedure Code, 1973 – – S. 167 and 439 – – challan not filed within 60 days of arrest – – accused becomes entitled to bail.

        Short Note

       1. The petitioners have been arrested under section 20/26 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner No.1 submits that the challan has not been filed within 60 days from the date of his arrest as required by section 167 of the Cri. P.C. and, therefore, he is entitled to be released on bail on that account alone. The petitioners have also claimed other reliefs but the learned counsel for the petitioners states that if the petitioner's prayer for grant of bail is granted, he would not press other reliefs. Admittedly, the petitioners were arrested on 17 – 4 – 1991 and the challan was filed on 19 – 7 – 1991. The observations of the learned trial Judge is that the provision of section 167 of Cri. P.C. will not be attracted in the event challan is not presented within 60 days, is not correct. Having regard to the provision of section 167 and the challan having been beyond 60 days, in out opinion, the petitioner No.1 is entitled for grant of bail. Petition allowed