SAJAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition, the petitioner has challenged the order dated 22.01.2021 passed by Additional Sessions Judge, Amritsar, whereby his application seeking bail under Section 167(2) Cr.P.C has been dismissed.

(2.) The petitioner is an accused in case FIR No.101 dated 27.05.2020 under Sections 21, 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Chattiwind, Amritsar. He was arrested on 27.05.2020. He was produced before the Court on 28.05.2020. The challan under Section 173 Cr. P.C. was not filed within the stipulated 180 days. An application seeking extension of time for filing the report under Section 173 Cr. P.C was filed on 07.12.2020. However, before any decision was taken on that application, the petitioner filed the application under Section 167(2) Cr.P.C. seeking bail on 18.01.2021. Both the applications were disposed of vide separate orders dated 22.01.2021. The application seeking extension of time for filing the report under Section 173 Cr.P.C. was allowed. The application of the petitioner seeking default bail under Section 167(2) was dismissed.

(3.) The Ld. Court has dismissed the application under Section 167(2) holding that before the filing of the application by the accused the prosecution had already filed the application seeking extension of time. By separate order of the same date that application had been allowed.