P.K.LOHRA,J. - (1.) Accused petitioner has laid this bail application under Section 439 Cr.P.C , 1973by invoking default clause envisaged under sub-section (2) of Section 167 Cr.P.C., 1973 in connection with FIR No. 35/2017 of Dhorimanna Police Station, District Barmer.
(2.) In the aforesaid FIR, petitioner is charged for offence under Section 8/21 of the NDPS Act for recovery of 370 gms smack. Recovery of the contraband from possession of the petitioner above commercial quantity entailed his arrest on 31.01.2017. It is borne out from the record that charge-sheet in the matter was not filed within the prescribed period of 180 days in terms of Section 36A(4) of the NDPS Act and that prompted the petitioner to lay bail application before Special Judge, NDPS Cases, Barmer (for short, 'learned trial Court') by taking shelter of sub-section (2) of Section 167 Cr.P.C., 1973
(3.) The aforesaid bail application was laid on 182nd day of the arrest of petitioner. When the bail application of petitioner was under consideration before learned trial Court, Investigating Officer submitted charge-sheet in the matter on the same day after lunch break and that persuaded the learned trial Court to decline bail plea of the petitioner.;