SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of regular bail to the petitioner.

(2.) Learned counsel for the petitioner submitted that the petitioner was arrested on 18.04.2011. He was merely driving a motorcycle. The person on the pillion seat was carrying a bag, in which two kilograms of opium was found. On account of non presentation of challan within 60 days, he was enlarged on bail by the learned court below, whereas bail application filed by the petitioner was initially rejected. He filed bail application in this Court, which was dismissed as withdrawn on 25.07.2011. However, when the petitioner prayed for grant of bail under Section 167 (2) Cr.P.C., challan was presented, which was beyond 60 days, which was still not containing report of FSL. On account of challan having not been presented within 60 days, the petitioner had absolute right of release on bail.

(3.) Learned counsel for the State did not dispute the fact that the challan in the present case was not presented within 60 days from the date of arrest of the petitioner.