JAGSEER SINGH @ JAGGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of the instant petition filed under Section 439 of the Code of Criminal Procedure (for short 'the Code') read with Section 167(2) of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.73 dated 31.7.2012, under Sections 22, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act'), registered at Police Station Rampura, District Bathinda.

(2.) PROSECUTION story, in brief, is that the petitioner was found in possession of 109 vials of intoxicant Rexcof on 31.7.2012 in the area of Gill Road Rampura. Furthermore, from the bag which was thrown away by co -accused Darshan Singh who succeeded to run away, 95 vials of Rexcof were recovered. Petitioner was arrested at the spot on 31.7.2012 itself.

(3.) LEARNED counsel appearing for the petitioner would contend that since after the arrest of the petitioner a period of 180 days for presentation of challan had elapsed, an application seeking bail under Section 167(2) of the Code had been moved on 29.1.2013. It is further contended that during pendency of the bail application, the petitioner came to know about an application having been moved by the prosecution seeking extension of time for presentation of challan. Accordingly, the reply dated 4.2.2013, Annexure P2, was submitted taking a specific objection that the application was not supported by the report of the Public Prosecutor. Learned counsel submits that thereafter on 12.2.2013, Annexure P3, by a common order, the application seeking extension of time was allowed and the bail application of the petitioner was dismissed. Learned counsel would argue that the requisite period of presentation of challan i.e. 180 days expired on 27.1.2013 and since no order as regards extension had been passed prior to completion of such statutory period, the petitioner cannot be denied his vested and accrued right for grant of bail.