BABLU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present revision petition has been filed challenging the order dtd. 27/8/2021 passed by the Judge, Special Court, Ludhiana, whereby, an application filed at the instance of the petitioner, invoking Sec. 167(2) Cr.P.C., seeking default bail has been dismissed.

(2.) In the present case, the petitioner was implicated as an accused in FIR No.42 dtd. 27/2/2021 under Sec. 22 and 25 of the NDPS Act, Police Station City-2, Khanna, wherein, he was arrested on the same day i.e. 27/2/2021. The prosecution having failed to submit challan within the period of 180 days moved an application for seeking extension of time before the Court concerned invoking Sub-Sec. 4 to Sec. 36-A of the NDPS Act, 1985. The application was filed by the prosecution on 26/8/2021 i.e. on 180th day followed by an application dtd. 27/8/2021 moved at the instance of present petitioner invoking Sec. 167(2) Cr.PC. seeking default bail on the ground of non-filing of challan by the prosecution within the prescribed period of 180 days. Admittedly, the aforesaid application was moved at the instance of present petitioner at 10 a.m., in the morning on 27/8/2021, whereas, the prosecution filed its challan before the Special Court on the same day at 10.20 am.

(3.) The trial Court vide its order dtd. 27/8/2021, dismissed the prayer made at the instance of present petitioner for granting him default bail under Sec. 167(2) Cr.P.C., on the ground that application for seeking extension of time moved at the instance of prosecution stood allowed on the same day i.e. on 27/8/2021 by the Judge, Special Court in exercise of powers under Sec. 36-A(4) of the NDPS Act.