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Judgment
11 paragraphs · 278 wordsS.S. Sudhalkar, J.
This is an application for bail by the accused who was arrested in connection with an offence punishable under section 15 of the NDPS Act. He has prayed for being released on bail as per provisions of section 167(2) of the Code of Criminal Procedure.
I have heard learned counsel for the petitioner and learned Assistant AdvocateGeneral, Haryana for the State.
As per statement made by the petitioner, he was arrested on 4.7.1996 and was produced before the Ilaqa Magistrate on 5.7.1997 on which date the Magistrate passed the order of remand. The petitioner further contends that the challan was presented before the court on 3.10.1996. According to the case of State of M.P. v. Rustam and others, 1995 S.C. Cases (Crl.) 830, the day on which the accused is remanded to judicial custody should be excluded and the day on which challan filed in the court should be included. Therefore, excluding the day of 5.7.1996 and including the day of 3.10.1996, the number of days can be calculated as below :
July : 26
August : 31
September : 30
October : 03
Total : 90
In the above mentioned case of State of M.P. v. Rustam and others (supra), the accused was remanded on 3.9.1993 and the challan was presented on 2.12.1993 and it was held that period of 90 days had not expired. The same is the position in the present case. This being the position, the petitioner cannot be released on bail under the provisions of section 167(2) of the Code of Criminal Procedure.
As a result, this petition is dismissed. The petitioner be informed about this order.