JATINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of the order dated 25.4.2013 passed by the trial Court whereby an application preferred by the petitioner seeking bail under Section 167(2) of the Code of Criminal Procedure pending trial in case FIR No. 99 dated 17.9.2012, under Sections 21/22/61/85 of Narcotic Drugs and Psychotropic Substances Act (for short 'the Act'), registered at Police Station Ghoman, District Gurdaspur, has been dismissed.

(2.) LEARNED counsel for the parties have been heard at length.

(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 36A 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.