KULJIT SINGH @ HIRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR having been found in possession of 250 grams of intoxicating powder containing Alprazolam, the petitioner has been in custody w.e.f. August 30, 2013. 180 days expired on February 26, 2014. An application under Section 167(2) Cr.P.C. was filed by the petitioner on February 28, 2014 before lunch sessions. The matter was posted for hearing post lunch. The challan was presented during lunch break.

(2.) IN view of the judgment of Uday Mohanlal Acharya Vs. State of Maharashtra, : (2001) 5 SCC 453, an indefeasible right had been accrued in favour of the petitioner for being released on bail on account of the default of investigating agency for not completing the investigation within the period prescribed and the petitioner had become entitled to be released on bail. The said right had accrued to the petitioner after February 26, 2014. The challan had not been presented by that time. He opted to exercise his statutory right under Section 167(2) Cr.P.C. It is also not disputed that the prosecution agency had not moved any application prior to February 26, 2014 for extension of time to present challan under provisions of Section 36A(4) of the NDPS Act.

(3.) IT is not out of place to mention here that on account of recovery of 7 grams of heroin from the wife of the petitioner he has been involved in another case.