AMIR HASSAN MIR Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner has challenged order dtd. 28/8/2021 passed by learned Principal Sessions Judge, Srinagar, whereby the petitioner"s application for grant of default bail has been dismissed.

(2.) It appears from the record that on 4/2/2021, a police party intercepted petitioner and co-accused on National Highway at JVC, Bemina. During the search of the petitioner, 1008 capsules of Spasmoproxyvon plus were recovered from him which he had kept in an orange coloured bag. FIR No.14/2021 for commission offences under Sec. 8/21 of NDPS Act came to be registered at Police Station, Parimpora, and investigation of the case was set into motion.

(3.) The petitioner moved an application for grant of default bail before the learned Principal Sessions Judge, Srinagar, on 4/8/2021, contending therein that the investigating agency has failed to produce the charge sheet against him despite lapse of 180 days and, as such, he is entitled to compulsive bail. The learned Sessions Judge, after considering the matter came to the conclusion that even though the charge sheet was not produced by the investigating agency within the stipulated period of 180 days from the date of arrest of the petitioner, yet because the petitioner was on interim bail with effect from 24/5/2021 to 8/7/2021, as such, after excluding the said period, the petitioner has been in custody only for 140 days, thus, he is not entitled to grant of default bail.