AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two petitions tilted above, as both of them have arisen out of the same proceedings arising out of FIR No.385 dtd. 13/10/2022 registered at Police Station, Uklana, District Hisar under Sec. 20B (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short 'the NDPS Act'].

(2.) The two petitioners are aggrieved by the order dtd. 6/4/2023 passed by Ld. Special Judge, Hisar, whereby time was extended for presentation of the final report under Sec. 173 Cr.P.C.; and also by the separate orders dtd. 20/4/2023 qua the two petitioners, whereby default bail petitions filed by them under Sec. 167(2) Cr.P.C. were rejected.

(3.) As it emerges from the paper book, 18 kg 900 gram of contraband was recovered from the possession of accused Vikram (petitioner in CRWP-4904- 2023) on 13/10/2022, which was taken into possession after making all the statutory compliances. In his disclosure statement (Annexure R1) accused Vikram named Amit Kumar to be complicit in the crime and so, said Amit (petitioner inCRR-1168-2023) was arrested on 14/10/2022, who suffered disclosure statement (Annexure R2). In fresh disclosure statement, accused Vikram also named Kapil and Parveen to be involved in the crime. Sample drawn from the contraband was sent to RFSL, Hisar on 17/10/2022. Since 180 days time is prescribed for completion of investigation in case of recovery of contraband of the commercial quantity, as in this case, so challan qua accused Vikram was liable to be filed up to 10/4/2023; whereas qua accused Amit, it was liable to be filed up to 12/4/2023. However, on 31/3/2023 i.e. before the completion of 180 days, an application (Annexure R3) was moved by the Investigating Officer under Sec. 36A(4) of the NDPS Act for extension of time to complete the investigation. The application was accompanied by the report of the Public Prosecutor. After issuing notice to both the accused and taking their reply, the application was allowed vide one of the impugned orders dtd. 6/4/2023 and time was extended by two months for filing of the challan.