SONU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this case, the accused was arrested on 7.7.2013. The commercial quantity of narcotic was recovered from the accused i.e. 260 grams of intoxicating powder. The period of 180 days in filing the challan expired on 3.1.2014.

(2.) It comes out that under Sec. 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), the trial Court had extended the time for presenting the challan to 30 days. The extended period expired on 2.2.2014. The present application was filed on 3.2.2014 for grant of bail under Sec. 167 (2) Crimial P.C. The order of the trial Court shows that an application under Sec. 36-A of the NDPS Act was filed by the prosecution on the same day at 2:55 P.M., seeking extension of time.

(3.) On the last date, the State was directed to produce the copy of the order to show whether the said extension was granted or not. Despite grant of opportunity, the copy of the said order has not been produced and rather it is stated, on instructions from ASI Chhinder Pal, that there is no other order on the file, providing for extension of time.