LAWS(P&H)-2014-12-474

SUKHA @ SUKHDEV SINGH Vs. STATE OF PUNJAB

Decided On December 18, 2014
Sukha @ Sukhdev Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Present revision petition has been filed against the order dated 10.11.2014 passed by Judge, Special Court, Jallandhar, whereby the bail application of the petitioner filed under Section 167 (2) of Code of Criminal Procedure was dismissed.

(2.) FIR No. 51 dated 13.5.2014 was registered under Sections 15/61/85 of NDPS Act at Police Station Division 7, Jallandhar, Distt. Jallandhar. Petitioner Sukha alias Sukhdev Singh along with one Sona Singh alias Sonu was found in possession of 60 jute bags containing poppy husk while carrying the same in canter having registration No. HR 037R-5482. Possession of such huge quantity of poppy husk falls within the category of commercial quantity. The application was made by the prosecution on 4.11.2014 seeking extension of time to present the challan as per the provisions of Section 36-A (4) of NDPS Act. The other application was made by the petitioner Sukha @ Sukhdev Singh under Section 167 (2) of Cr.P.C for grant of bail. Present application for extension of time was made on 4.11.2014 before the expiry of 180 days. The trial Court referred to a judgment passed by this Court in the case of Shri Kant @ Rinku vs. State of Punjab in CRM-M No. 38619 of 2013, decided on 14.3.2014, wherein it was observed that extension can be given by the Court on the report of Public Prosecutor indicating the progress of investigation and specific reasons for seeking the detention of accused beyond the period of 180 days. Trial Court allowed the application made by the Addl. Public Prosecutor under Section 36-A (4) of the NDPS Act for extension of time and granted extension of 32 days from the date of expiry of 180 days to procure the report and to file the challan. Section 36-A (4) of the NDPS Act is reproduced as under:

(3.) A perusal of the above said Section makes it clear that if the investigation is not completed within a period of 180 days, extension of time up to one year can be granted on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused. In the present case the application for extension of time was filed by the Additional Public Prosecutor without the report of the Public Prosecutor. The report of the Public Prosecutor as per Section 36-A(4) is the essential requirement for granting extension of time. In the present case this report is not a part of the application and the reason given for extension of time is that the report of the Chemical Examiner has not been received and, therefore, the challan could not be presented.