KANSHI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KANSHI Ram petitioner, an accused in FIR No. 53 dated 07.08.2013 registered in Police Station Khuian Sarvar, District Fazilka for offence punishable under Sections 18 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') has approached this Court under Section 167(2) read with Section 439 of the Code of Criminal Procedure (in short 'the Code') for grant of bail, pending conclusion of trial. Mr.Param Preet Singh Paul, DAG, Punjab has put in appearance on behalf of the State of Punjab to contest the bail application.

(2.) THE allegations against the petitioner are that on 07.08.2013, a police party headed by ASI Baljit Singh of Police Station Khuian Sarvar apprehended the petitioner and recovered 2 kg 800 grams of opium, without any permit or licence.

(3.) COUNSEL for the petitioner submits that the prosecution failed to file the charge sheet within a period of 180 days from the date of arrest as prescribed by law. On 10.02.2014, the petitioner filed an application under Section 167(2) of the Code before the Special Judge, Fazilka and on 11.02.2014, the Court issued notice to the State for 13.02.2014. The prosecution filed the charge sheet on 12.02.2014. The Special Judge dismissed the bail application on 13.02.2014 primarily on the ground that as the charge sheet has been filed, in view of the judgment of the Hon'ble Supreme Court of India in Sadhwi Pragyna Singh Thakur Vs. State of Maharashtra, 2010 1 RCR(Cri) 302, the petitioner is no longer entitled to statutory bail under Section 167(2) of the Code. It is argued with vehemence that once the petitioner has filed an application for grant of statutory bail under Sectin 167(2) due to default of the prosecution to present the challan within the stipulated period of 180 days from the date of arrest of the accused, the said right cannot be defeated by subsequent presentation of challan. In support of his contention, he has placed heavy reliance upon the judgment of the Hon'ble Supreme Court of India in Sayed Mohd. Ahmed Kazmi Vs. State, GNCTD and others, 2012 4 RCR(Cri) 875.