RAJ KUMAR ALIAS RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Raj Kumar alias Raju, the petitioner seeks regular bail under the provisions of section 167(2) Cr.P.C. in a case registered by way of FIR No. 167 dated 21.08.2012 at Police Station Civil Lines Bathinda, District Bathinda, for an offence punishable under sections 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) It is a case where the petitioner was arrested on 21.08.2012. The SHO of the Police Station made an application under section 36-A(4) of the Act for extension of time for completing the investigation. Before the said application was filed, an application for bail under the provisions of section 167 (2) Cr.P.C. had been filed by the petitioner before the court. Learned counsel for the petitioner has submitted that the application for extension of time for completing the investigation under the aforesaid provision was required to be made by the Public Prosecutor and not by the Station House Officer. According to him, the application in this case has been made by the SHO and has only been forwarded by the Public Prosecutor. He has further submitted that this application, therefore, does not satisfy the requirement of the proviso appended to sub-section (4) of section 36 -A of the Act. It is, therefore, submitted that the petitioner had become entitled to bail.

(3.) Learned State counsel, on the other hand, has submitted that challan in the matter has been presented on 20.03.2013. According to her, 500 grams of smack had been recovered in this case. She has further submitted that charge has already been framed against the accused in the case.