AMEN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of the present petition filed under Section 36 -A(4) of Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') read with section 167(2) of the Code of Criminal procedure and Section 482 of the Code of Criminal Procedure seeking the benefit of regular bail to the petitioner in case F.I.R. No. 115 dated 12.7.2013 under Sections 18/61/85 of NDPS Act, registered at Police Station Lehra, District Sangrur.

(2.) THE petitioner was arrested on 12.7.2013 and as per prosecution version, an alleged recovery of 10 kgs. and 500 gms. of opium was made from him as also his co -accused.

(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 the 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 upon making an application for such purpose. However, under the NDPS 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 36 -A of the NDPS Act, the period of detention may go on for 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 and (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.