Judgment:
CRM M-13049 of 2014 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM M-13049 of 2014 Date of Decision: June 12, 2014 Hrang Tin Khara …..Petitioner versus State of Punjab …..Respondent CORAM: HON’BLE Mr.JUSTICE M.M.S.BEDI.
-.- Present:- Mr.Dharmender Bhan, Advocate for the petitioner.
Mr.Ankur Jain, AAG, Punjab.
-.- M.M.S.BEDI, J.
Petitioner seeks the concession of regular bail in a case of recovery of 2 kg of Pseudo ephedrine and 500 grams of intoxicating powder containing dextropropoxyphene hydrochloride.
So far as Pseudo ephedrine is concerned, the provisions of Section 37 of the NDPS Act, for short ‘the Act’, are not applicable as no commercial quantity is provided for it as it is a ‘controlled drug’.
So far as the recovery of 500 grams of intoxicating powder containing dextropropoxyphene hydrochloride is concerned, counsel for the petitioner Gupta Sanjay 2014.06.13 11:36 I attest to the accuracy and integrity of this document High Court Chandigarh CRM M-13049 of 2014 [2].has contended that under Section 36 A (4) of the Act, the extension under said provisions can be granted by a Court in case commercial quantity of contraband is alleged to have been recovered.
It is claimed that any quantity above 500 grams would fall under commercial quantity but 500 grams of intoxicating powder containing dextropropoxyphene hydrochloride will warrant the release of accused after a period of 60 days in case challan is not presented.
I have considered the contention of learned counsel for the petitioner and I am of the opinion that a bare reading of provisions of Section 36 A (4) of the Act makes it clear that the period for filing the charge-sheet is 60 days if the offences are punishable under Sections 19 or 24 or 27 A of the NDPS Act and it is 90 days if the offences are involving commercial quantity of Narcotic Drugs and Psychotropic substances but in the present case, there is neither any offence punishable under Sections 19 or 24 or 27 A of the NDPS Act nor the petitioner is alleged to have been found in possession of commercial quantity of Psychotropic substance.
Period of limitation for filing charge-sheet in the present case would be taken as 60 days as provisions of Section 36 A (4) of the Act cannot be applied.
Period of 60 days expired on February 9, 2014.
Indefeasible right had accrued to the petitioner on expiry of non-filing of charge-sheet by February 9, 2014.
So far as recovery of 2 kg of Pseudo ephedrine is concerned, the prosecution agency cannot allege recovery of said contraband to be attracting any commercial quantity.
The period of limitation for filing of the Gupta Sanjay 2014.06.13 11:36 I attest to the accuracy and integrity of this document High Court Chandigarh CRM M-13049 of 2014 [3].charge-sheet, at the most, can be taken as 90 days from the date of arrest of the accused.
The period of 90 days expired on March 9, 2014 but charge- sheet has not been filed by even said date.
The petitioner, in view of said circumstances, can be granted the concession of bail.
Petition is allowed.
Petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court.
June 12, 2014 (M.M.S.BEDI) sanjay JUDGE Gupta Sanjay 2014.06.13 11:36 I attest to the accuracy and integrity of this document High Court Chandigarh