PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this order, I shall dispose of CRM No. M- 22419 of 2013 and CRM No. M-22279 of 2013, as they involve identical questions of law and fact for adjudication.

(2.) Pawan Kumar petitioner is an accused in FIR No. 120 dated 15.12.2012 for offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") registered at Police Station, Sadar Mansa, District Mansa. As per allegations, 24,400 tablets of LOMOTIL, 7650 tablets of ALPRAZOM, 80 tablets of FORTADIL were recovered from the petitioner without any licence/permit.

(3.) The petitioner was arrested on 15.12.2012 and was produced before the Judicial Magistrate on 16.12.2012 and remanded to judicial custody. The prosecution failed to present the challan within a period of 180 days i.e. up to 13.6.2013. An application under Section 36-A(4) of the Act for extension of time was filed on 13.6.2013. The petitioner on 14.6.2013 filed an application for grant of statutory bail under Section 167 (2) of the Code of Criminal Procedure (for short "the Code"). The application filed by the prosecution for extension of time for 90 days for completion of investigation was allowed vide impugned order dated 18.6.2013 challenged in CRM No. M- 22419 of 2013. The second petition has been preferred by Pawan Kumar for grant of bail under Section 167 (2) of the Code while assailing order dated 18.6.2013 granting extension of 45 days for filing of challan from the date of presentation of the application.