GYAN KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the order, dated 08.05.2014, passed by the learned Judge, Special Court (FTC), Bathinda, whereby the application under Section 36-Aof the Narcotic Drugs and Psychotropic Substances Act, 1985, presented by learned APP for extension of time beyond 180 days for presenting the charge sheet (report under Section 173, Cr.P.C.) was allowed and the Investigating Agency was granted 30 days more for presentation of the charge sheet (report under Section 173, Cr.P.C). Learned counsel contends that learned APP had failed to enclose his report along with the application presented before the Judge, Special Court, therefore, it was not within the scope of learned Judge, Special Court, for enhancement of 30 days for presentation of the report under Section 173, Cr.P.C. In support of his contention the learned counsel for the petitioner has placed reliance on Raj Singh @ Babbu v. State of Punjab, 2013 3 RCR(Cri) 1054.

(2.) On the other hand the learned counsel for the State submits that the application, Annexure P2, gives the complete details on the basis of which the learned APP felt it appropriate to move an application for extension of the time for presentation of the charge sheet. He further contends that it has been mentioned in the application that on account of non receipt of the report from Forensic Science Laboratory, the Investigating Agency was not in a position to submit the charge sheet and, as such, the extension was prayed for. It has also been contended that in view of the above fact, there was no necessity for enclosing the separate report with the application.

(3.) I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.