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TMI Blog1996 (1) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... as been filed against an order dated 19.4.1994 passed by the High Court, rejecting the prayer of the bail, made on behalf of the appellant, who is an accused for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act). It appears that the appellant was arrested on 8.11.1993. A petition for bail on merit was rejected by the City Session ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that stage there was no question of application of Section 37 of the Act. Recently, this Court has considered the question of applicability of proviso to sub-section (2) of Section 167 of the Code in respect of an accused under N.D.P.S. Act in the case of Union of India vs. Thamisharasi & Ors., JT 1995 (4) SC 253 and it has been held that Section 37 does not exclude tha application of the proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordance with Section 20 (4) (bb) of the TADA Act read with Section 167(2) of the Code of Criminal Procedure in default of completion of the investigation and filing of the challan within the time allowed, as held in Hitendra Vishnu Thakur is a right which enures to, and is enforceable by the accused only from the time of default till the filing of the challan and it does not survive or remain e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed by law, he cannot contend that he had an indefeasible right to exercise it at any time notwithstanding the fact that in the meantime the charge-sheet is filed. But on the other hand if he exercises the right within the time allowed by law and is released on bail under such circumstances, he cannot be rearrested on the mere filing of the charge-sheet, as pointed out in Aslam Babalal Desai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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