VIKRAM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TERSELY , the facts and material, which need a necessary mention, for the limited purpose of deciding the instant petition for regular bail and emanating from the record, are that, a police party after completion of the statutory procedure, searched the bag of the petitioner on the basis of suspicion. In the wake of search of bag, ten strips each containing 8 capsules (80) of Spasmo Proxyvon and 280 gm intoxicant powder etc, were recovered from the possession of the petitioner, without any permit or license. On the basis of the recovery of aforesaid commercial commodity of the Narcotic Drugs and Psychotropic Substances, a criminal case was registered against the petitioner -accused, vide FIR No. 54 dated 15.08.2012, for the commission of an offence punishable under Section 22 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act'), by the police of Police Station Badali Ala Singh, District Fatehgarh Sahib, in the manner depicted here -in -above.

(2.) NOW the petitioner has preferred the instant petition for regular bail, invoking the provisions of Section 439 read with Section 167(2)(a) of Cr.P.C.

(3.) AS is evident from the record that in pursuance of the application (Annexure P -3), filed by the SHO, forwarded by PP, the Special Judge has already extended the statutory period, to submit the final police report (challan), vide order dated 07.02.2013 . The prosecution has already submitted the challan, within the extended period. The petitioner -accused has already been charge -sheeted and the case was slated for evidence of the prosecution. Once it is proved that the prosecution has already submitted the final police report, within the extended period, in that eventuality, the petitioner is not entitled to regular bail, under Section 167(2) Cr.P.C., as contrary urged on his behalf.