HARGOBIND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the instant petition filed under Section 482 of the Code of Criminal Procedure read with Sections 439 and 167(2) of the Code of Criminal Procedure seeking the benefit of regular bail to the petitioner in FIR No.4 dated 14.8.2013, under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') and Sections 307, 411, 414, 420, 467, 468 and 471 of the Indian Penal Code, registered at Police Station State Special Operation Cell, Amritsar.

(2.) As per prosecution version, seven kgs. of heroin was allegedly recovered from co-accused Simratpal Singh on 14.8.2013. Present petitioner Hargobind Singh @ Sodhi and Surjit Singh @ Baba were alleged to have escaped from the spot at that point of time. The petitioner is stated to have been arrested subsequently on 22.8.2013.

(3.) Under Section 167 of the Code of Criminal Procedure and under its various sub-sections, the maximum period beyond which a person cannot be detained while investigation is under way has been provided and the same varies between 60 to 90 days keeping in view the gravity of offence. If the investigation is not completed within such stipulated period, the accused is entitled to bail under Section 167(2) of the Code of Criminal Procedure if he makes an application for such purpose. However, under the Act, the maximum period of 90 days fixed under Section 167(2) of the Code of Criminal Procedure has been increased to 180 days for several categories of offences under the Act. Under Section 36-A of the Act, the period of detention may go on to a total of one year subject to satisfaction and compliance of the stringent conditions provided therein i.e. (i) upon a report of the Public Prosecutor; (ii) which in turn indicates the progress of the investigation; (iii) specifies the compelling reasons for seeking the detention of the accused beyond the period of 180 days; and (iv) after notice to the accused.