JAGMAIL SINGH @ MUKHIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for grant of regular bail to the petitioner, Jagmail Singh @ Mukhia, son of Hardev Singh, resident of Village Kulrian, Tehsil Budhlada, District Mansa, who has been booked for having committed the offences punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act'), in a case arising out of FIR No. 91, dated 26.11.2012, registered at Police Station, Bareta, District Mansa. Learned counsel contends that the petitioner was arrested on 26.11.2012 for having in possession 50 bottles each containing 100 ml of Rexcof; the petitioner was sent to judicial custody on 27.11.2012; the investigating agency could not file the charge -sheet (report under Section 173, Cr.P.C.) within the stipulated period of 180 days, as per Section 36 -A of the Act, therefore, the petitioner moved an application for grant of bail before the learned Trial Court on 27.5.2013, i.e. after expiry of 181 days and thereafter on 28.5.2013 the Public Prosecutor moved an application before the learned Court below for extension of time to file the charge -sheet and, as such, the right had accrued to the petitioner to seek bail in consonance with the provisions contained in Section 36 -A of the Act and Section 167(2) of the Code of Criminal Procedure.

(2.) LEARNED counsel for the State on instructions from SI Makhan Singh of Police Station, Bareta, District Mansa, very fairly concedes that after expiry of 180 days, i.e. on 27.11.2012, the petitioner did file an application for grant of bail on the basis of violation of Section 36 -A of the Act and thereafter on 28.5.2013 the Public Prosecutor moved an application for extension of time to complete the investigation and to file the charge -sheet.

(3.) FOR the sake of convenience, Section 36 -A of the Act is reproduced as under: -