HONBLE SANJAY KUMAR SINGH,J. - (1.) Heard Mr. Deelip Kumar, learned Senior counsel assisted by Mr. Ram Prakash Dwivedi and Mr. Manish Kumar learned counsel for the applicant and Mr. Krishna Agarawal, learned counsel appearing on behalf of opposite party/(Union of India through Central Bureau of Narcotics, Gwalior). Perused the record.
(2.) In the present case applicant is accused for the alleged offence under Section 8/22 and 30 of the N.D.P.S. Act and is aggrieved on account of refusing default bail to him under Section 167(2) of the Code of Criminal Procedure, by the trial Court vide order dated 17.07.2020. Suo Motu order dated 23.03.2020 passed by the Hon'ble Supreme Court, In Re : Cognizance for Extension of Limitation.
(3.) Here it would be apt to mention that applicant is in jail since 22.10.2019 and before expiry of 180 days (i.e. on 19.4.2020) limitation period for completing investigation, as provided under Section 36A(4) of the N.D.P.S. Act, the Apex Court considering the situation arising out of challenge faced by the country on account of Covid-19 virus passed the order dated 23.03.2020 in Suo Motu Writ Petition (Civil) No(s). 3/2020 extending the period of limitation prescribed under the general law of limitation or special laws (both Central and/or State) w.e.f. 15.03.2020 till further order/s. The aforesaid order dated 23.03.2020 of the Apex Court is reproduced herein below : "This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State). To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings. We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction. Issue notice to all the Registrars General of the High Courts, returnable in four weeks." Issue involved in the matter. ;