AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE short question to be decided in this case is as to from which date, the period of 90 days or 60 days for completion of investigation of a case as envisaged under Section 167 Cr.P.C. should be counted i.e. from the date of remand to the Judicial custody or any other date. The facts leading to the present case are that FIR being Jharia P.S. Case No. 004/2008 was registered on 04.01.2008 under Sections 20, 22 and 29 of the N.D.P.S. Act against the petitioner Vivek Sao @ Vikky Sao and one another. In the F.I.R, it has been alleged by the informant i.e. the Sub Inspector of Police -cum -Officer -in -charge of the Jharia Police Station that on 04.01.2008, at about 10:30 A.M., he received a secret information that one man namely Vivek Sao @ Vikky Sao was going to supply Heroine (Drugs) to one of the purchaser in Mohalla Upper Kulhi. On this information, the Officer -in -charge contacted the Jharia Police Station and thereafter, constituted a raiding party. At about 11:30 A.M., the Police party reached near the alleged place of occurrence and there they found that the two persons in suspicious conditions, arrived there. One of them asked from the other to supply the article. At that time, the Police party under the leadership of the Deputy Superintendent, surrounded both the persons. On search of their persons, from their pocked of the Full Pant, in a plastic packet, about 100 gms of powder was recovered. The accused Vivek Sao @ Vikky Sao disclosed that it was Heroine Powder which he was to supply to the other man Lali Singh for sale. The articles were seized in presence of the witnesses and both the accused persons were arrested by the Police, then and there i.e. on 04.01.2008 and thereafter, F.I.R. was lodged.
(3.) MR . Sarkhel, learned Counsel appearing for the petitioner submitted that though the petitioner was arrested by the Police on 04.01.2008 itself, but he was produced before the Court and remanded on 05.01.2008 and thereby, Mr. Sarkhel submitted that since the Police did not submit chargesheet within 90 days from the date of the arrest of the accused/petitioner i.e. from 04.01.2008 and thereby, an application was made before the Court below under the provisions of Section 167(2) of Cr.P.C. to release him on bail under the proviso to Section 167(2) of Cr.P.C..But the learned Court below has rejected the said prayer of the petitioner holding that the chargesheet was already submitted on 03.04.2008 i.e. on 89th day from the date of remand and therefore, the petitioner was no entitled to be released on bail under Section 167(2) of Cr.P.C.;