SAGAR CHOUDHARY Vs. STATE OF M. P.
HIGH COURT OF MADHYA PRADESH
STATE OF M. P.
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B.K. Shrivastava,J. -
(1.) This criminal revision has been preferred on 17.7.2020 under section 397/401 of CrPC on behalf of applicant Sagar Choudhary against the order dated 4.1.2020 passed by the Special Judge, NDPS Act, Anuppur, M.P.
(2.) By the impugned order, the learned trial court dismissed the prayer of applicant for grant of default bail under section 167(2) of CrPC.
(3.) It is submitted by the counsel for applicant that only 17 kgs. and 860 grams of Ganja has been seized from the possession of the applicant Sagar Choudhary, therefore, the limitation for filing the challan was 60 days. The police did not file the challan within the prescribed period of limitation. The applicant was first produced before the Court on 17.10.2019 and remanded to judicial custody. The challan has been filed on 7.4.2020. The application for default bail was filed by the applicant on 2.1.2020, which was decided by the trial court on 4.1.2020. Because within the limitation of 60 days the challan was not filed, hence, the applicant was entitled to get the default bail. Therefore, trial court committed mistake by dismissing the aforesaid application.;
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