RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Petitioners seek regular bail in a case registered against them for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').

(3.) The primary ground that has been urged for the grant of bail is that the Petitioners were arrested on 12.10.2009 and the prosecution filed its challan on 13.4.2010 i.e. one day after the period of 180 days had elapsed. Therefore, in view of the provisions of Section 167(2) of the Code of Criminal Procedure ("CrPC" -for shorting) as modified by Section 36-A (4) of the Act after expiry of 180 days, the Petitioners are liable to be released from custody.