GURVINDER SINGH @ MANNU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURWINDER Singh @ Mannu son of Kulbir Singh Walia has applied for grant of regular bail in FIR No. 20 dated 04.03.2011 under section 15/22/61/85 of the N.D.P.S. Act, registered at Police Station Division No. 3, Jalandhar. The contraband was recovered from the house of the petitioner in the presence of Manga. The petitioner was arrested on 16.10.2012. He was produced in the Court on 17.10.2012. The petitioner, after a lapse of 180 days i.e. on 16.04.2013 moved an application for grant of regular bail by invoking the provisions of Section 167(2) Cr.P.C. However, in the meantime, the challan was presented on 17.04.2013 and the application of the petitioner for grant of bail by invoking the provisions of Section 167(2) Cr.P.C. was dismissed on 23.04.2013.

(2.) LEARNED counsel for the petitioner has relied upon authority "Uday Mohanlal Acharya v. State of Maharashtra,, 2001 (2) RCR (Cri.) 452 and "Sayed Mohd. Ahmed Kazmi v. State GNCTD and others" : 2012 (4) RCR (Cri.) 875 and on the strength of same it is argued that in case the challan is not presented within the prescribed period, the accused get indefeasible right to get the concession of bail by invoking the provisions of Section 167(2) Cr.P.C.

(3.) I have considered the said submissions and have gone through the records of the case.