RAVINDER SINGH @ RAVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present revision petition has been filed against the orders dated 4.4.2014 whereby the Additional Sessions Judge (A), FTC Amritsar has extended the period of two months to complete the investigation and dismissed the bail application of the petitioner filed under Section 167(2) of the Criminal Procedure Code. FIR No. 100 dated 3.10.2013 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act') was registered at Police Station Mehta, District Amritsar (Annexure P-1). As per the prosecution story, on 3.10.2013, the accused was apprehended and from the possession of the accused 520 grams of intoxicant powder was recovered. As the contraband was of commercial quantity, the investigation was to be completed within a period of 180 days i.e before 2.4.2014. The application was made by the SHO, Police Station under Section 36 (A)(4) of the NDPS Act (Annexure P-2) for extension of time to complete the investigation on 24.3.2014. On 3.4.2014, the petitioner made an application under Section 167 of the criminal Procedure Code for his release on bail. Vide impugned order dated 4.4.2014, the application made by the SHO, Police Station Mehta (Annexure P-2) was allowed and another period of two months were given to complete the investigation. The bail application under Section 167(2) Cr.P.C was dismissed. Thereafter, the second bail application was made by the petitioner under Section 167(2) of the Cr.P.C on 26.5.2014 (Annexure P-3). On 2.6.2014 (Annexure P-4) , Addl. Sessions Judge (A), FTC, Amritsar adjourned the case to 5.6.2014. The challan was submitted on 6.6.2014. Counsel for the petitioner has argued that after registration of the FIR, the challan could be presented within 180 days which was to expire on 2.4.2014. The application made for extension of time on 2.4.2014 was allowed on 4.4.2014 with retrospective effect and two months time was granted to complete the investigation. The petitioner made a fresh application for grant of bail. After the extension was granted, the case was fixed for 6.6.2014 when the challan was submitted and the second application for bail was dismissed thereafter vide order dated 6.6.2014 (Annexure P-5).

(2.) Counsel for the petitioner has argued that the application for extension of time has to be made by the prosecution before the expiry of 180 days. He has referred to a judgment passed by this Court in the case of Hardeep Singh vs. State of Punjab in Crl. Misc. No. 17260 of 2014 decided on 29.5.2014 where taking into consideration the judgment of Hon'ble the Apex Court in Sanjay Kumar Kedia @ Sanjay Kedia vs. Intelligence Officer, Narcotic Contorl Bureau and another, 2009 17 SCC 631 and another judgment in the case of Kaka Singh vs. State of Punjab, CRM-M- 22760-214 decided on 12.8.2014 where taking into consideration the judgment in the case of Union of India through CBI vs. Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav,2014 4 RAJ 265, it was observed that the application for extension of time for investigation after the expiry of 180 days should be decided expeditiously before the expiry of the above said period.

(3.) Counsel for the State on the other hand has argued that the period of 180 days in the present case was to expire on 2.4.2014 and the same day application for extension of time was made by the prosecution/SHO. Hence the application for extension of time was made well in time and which was expeditiously decided on 4.4.2014.