RASHPAL SINGH @ PALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The FIR was registered in the present case on the basis of a secret information. The petitioner is alleged to have made a disclosure statement in presence of the police officials and on the basis of that statement, 19 kgs of heroin , concealed in a dug out pit, was recovered. 1 kg. of heroin was allegedly recovered from the co-accused of the petitioner.

(2.) In this manner it is a case of recovery of 20 kgs. of heroin from four accused. The petitioner has been in custody since 1.10.2013. 180 days in custody expired on 29.3.2014. No application u/s 36-A(4) NDPS Act could be filed by the investigating agency prior to 29.3.2014. An application was filed on 31.3.2014 before the trial court for extension of time to present challan and the trial court extended the judicial custody of the petitioner.

(3.) In view of indefeasible right having accrued to the petitioner on 29.3.2014, he moved an application u/s 167(2) Cr.P.C. on 16.4.2014. The trial court vide order dated 17.4.2014 dismissed the application u/s 167(2) Cr.P.C. and extended the period for presentation of challan, granting 2 1/2 months. Challan appears to have been filed on 16.6.2014. The petitioner seeks the concession of bail claiming that indefeasible right had accrued to him on expiry of 180 days and that no application for extension of time having been filed u/s 36-0A (4) NDPS Act. The said right could not be defeated by subsequently filing an application for extension of time on 31.3.2014. In the present case, when application u/s 167(2) Cr.P.C. was filed, by that time the court concerned had not exercised it jurisdiction to extend time. The application u/s 167(2) Cr.P.C. was dismissed on 17.4.2014 and period for presentation of challan was extended.