- (1.) The petitioner has prayed for his release on bail under Section 167(2) Cr. P. C. in a case registered against him under various Sections of Narcotic Drugs and Psyshotropic Substances Act, 1985.
(2.) Thus, the petitioner is praying for his release on the ground that challan has not been presented within the stipulated period in terms of Section 167(2) Cr. P. C and, thus, he has acquired an indefeasible right to be freed on bail.
(3.) The FIR No. 151 dated 8.9.2011 is registered against the petitioner on account of recovery of polythene bag containing opium. Subsequently, on a disclosure statement, some poppy husk was also recovered. The petitioner was arrested in this case on 8.9.2011. The police was required to complete investigation within 180 days. No challan, however, was presented within the stipulated period. The petitioner accordingly applied for being released on bail by operation of Section 167 (2) Cr. P. C. It is alleged that the petitioner has filed a bail application on 10.3.2012 and thereafter challan was presented on 13.3.2012. As per the counsel, the petitioner had acquired an indefeasible right to be released on bail and filing of a challan subsequent to the filing of bail application by him would not defeat his indefeasible right to be released on bail. ;