SURESH KUMAR ALIAS BITU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 439 Cr.P.C read with Section 167(2) Cr.P.C for grant of regular bail to the petitioner in case FIR No.88 dated 10.10.2012 registered under Sections 22/61/85 of the NDPS Act (here-in-after referred to as 'the Act') at Police Station Behrampur, Police District Gurdaspur, Punjab.

(2.) Learned counsel for the petitioner submits that the petitioner was confined to judicial custody at Central Jail, Gurdaspur on 10.10.2012 and the challan was to be presented within a stipulated period of 180 days as provided under Section 36-A of the Act. As per provisions of Section 167 (2) of Cr.P.C, the petitioner was entitled for release on bail on the expiry of stipulated period. Learned counsel also submits that the period of 180 days expired on 09.04.2013 and the petitioner moved an application for grant of bail under Section 167(2) Cr.P.C on 10.04.2013. Thereafter, an application was moved for extension of time to complete the investigation on 15.04.2013. The application moved by the petitioner was dismissed by Special Judge, Gurdaspur vide order dated 01.05.2013. Learned counsel also submits that provisions of Section 167(2) Cr.P.C are mandatory which gives absolute right of bail to the petitioner in case the challan is not presented within the prescribed period but still, the application has been dismissed.

(3.) Learned counsel for the petitioner has also relied upon the orders passed in Criminal Revision No.2365 of 2013, decided on 26.08.2013 as well as order passed in Criminal Misc. No.8155 of 2013 decided on 29.05.2013, Criminal Misc. No.M-14619 of 2013 decided on 24.05.2013 and also Criminal Misc. No.M-14488 of 2013 decided on 30.05.2013, wherein, the petitioners were released on regular bail as per provisions of Section 167(2) Cr.P.C.