RAJINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for bail pending trial in F.I.R. No. 59 dated 01.04.2014, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), registered at police station Talwandi Sabo, District Bathinda claiming benefit under Section 167(2) Cr.P.C. as the challan/report under Section 173 Cr.P.C. was not filed within the stipulated period of 180 days. Petitioner was arrested on 01.04.2014 in the abovementioned case. Period of 180 days for the presentation of challan/report under Section 173 Cr.P.C. expired on 27.09.2014. Petitioner moved an application under Section 167(2) Cr.P.C. before the learned trial court on 29.09.2014 for being released on bail, the challan having not been presented within the stipulated period. An application for extension of time for presentation of the challan was also moved by the prosecution on 29.09.2014 itself. Both the applications were adjourned by the trial court. On 18.10.2014, extension of time for presentation of the challan was granted to the prosecution. Petitioner's application for bail was dismissed as having become in-fructuous on 18.10.2014 itself on account of the extension of time being granted to the prosecution.

(2.) Learned counsel for the petitioner contends that in view of an indefeasible right having accrued to the petitioner on non-presentation of the challan/report under Section 173 Cr.P.C. within the stipulated period of 180 days, his application for bail could not have been dismissed in this manner.

(3.) Learned counsel for the State, on instructions from H.C. Iqbal Singh, submits that the challan/report under Section 173 Cr.P.C. has been presented on 18.10.2014 before the trial court. Narcotics recovered from the petitioner are of commercial quantity. Therefore, petitioner is not entitled to the concession of bail pending trial. It is, however, confirmed and verified that there is no other case pending against the petitioner under the NDPS Act.