The Fact News Service Chandigarh, November 20
The Punjab and Haryana high court has granted default bail to a man held in a drugs case after the Mohali police failed to submit the chargesheet in stipulated time.
The high court (HC) was dealing with a plea from one Gopi Jindal, who was arrested after the registration of a drug peddling case at the Dhakoli police station in Mohali’s Zirakpur on August 28 this year. On November 9, a Mohali court had dismissed his plea for default bail.
Jindal had argued that the challan in the case has still not been presented. The forensic report obtained revealed that the total weight of drugs seized from him was 35.28 grams, whereas the NDPS Act considers seizure above 50 grams as commercial quantity. Therefore, it was not a case of commercial quantity and the challan in view of this had to be submitted within 60 days of the registration of FIR, the petitioner had stated.
During the hearing, police had admitted that the quantity recovered from him was not commercial.
The court, allowing bail, observed that for offence involving commercial quantity, the time limit for filing of the challan has been extended to 180 days. However, in the present case, the offence does not involve commercial quantity. Hence, the challan ought to have been presented within 60 days, and in case of non-presentation of challan, the petitioner is entitled to grant of default bail, which is a statutory right, the court said.