Vijay Kumar vs State of Punjab

Sat Pal, J.

This petition has been filed by the petitioner seeking bail pending trial in case F.I.R. No. 40 dated 21.4.95, Police Station Khuyian Sarwar, under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985. As per allegations made in the first information report, the petitioner was arrested and as a result of his personal search, 310 grams of opium was recovered from him. Notice of this petition was issued to the Advocate General, Punjab on 1.6.1995. On 27.7.1995, the learned counsel for the petitioner submitted that a period of 90 days has already elapsed from the date of remand but the challan has not been filed. Accordingly, the learned counsel for the petitioner was directed to bring on record the aforesaid facts.

Affidavit of Ashok Kumar, who is brother of the petitioner, has been filed and in this affidavit it has been stated that no challan against the petitioner has been filed within 90 days of his arrest. The fact that the challan against the petitioner has not been filed though a period of 90 days has already elapsed from the date when the remand was granted, has not been controverted by the learned AAG, Punjab.

I have heard the learned counsel for the parties and have perused the record.

In view of the law laid down by the Supreme Court in case of Union of India v. Thamisharashi and others, 1995(2) Recent Criminal Reports 531 : 1995(2) Crime 523 , I am of the view that the petitioner has to be released on bail. Accordingly, I direct that the petitioner be admitted to bail on furnishing bail bond in the sum of Rs. 25,000/ with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Ferozepur. With this order the petition stands disposed of.

JUDGMENT accordingly.