CHARANJIT SINGH ALIAS CHANNI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 439 read with Section 167(2) Cr.P.C. for grant of regular bail in case FIR No. 46 dated 29.4.2013 registered at Police Station Sadar, District Kapurthala for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). Learned counsel for the petitioner contends that the petitioner was arrested on 29.4.2013. Later on, the prosecution sought the extension, which was upto 22.2.2014, but the challan was not presented. On 24.2.2014, application under Section 167(2) Cr.P.C. has been filed by the petitioner. On 25.2.2014, application was again filed by the prosecution for extension of time. It is also argued that even the challan has not been presented so far. Learned counsel argued that as per law the petitioner is entitled to bail under Section 167(2) Cr.P.C. and the application for extension, which was filed later on, should not have been allowed.

(2.) ON the other hand, learned Assistant Advocate General, Punjab opposed the bail petition.

(3.) FROM the record, I find that it is admitted fact that the challan has not been filed in the Court even after the decision of the application filed by the petitioner as 180 days have already been lapsed. It is also clear from the record that when the application was filed by the petitioner on that day challan was not presented and the period of extension for filing the challan has already lapsed. Therefore, the petitioner got indefeasible right under section 167(2) Cr.P.C. to get bail. The subsequent filing of application will not affect his right, which is accrued to him on 24.2.2014.