LAWS(P&H)-2014-12-402

KABUL SINGH @ SAHIB SINGH Vs. STATE OF PUNJAB

Decided On December 11, 2014
KABUL SINGH @ SAHIB SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner prays for bail pending trial in FIR No.135 dated 06.09.2013, under Sections 21/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), registered at police station Gharinda, Amritsar Rural, District Amritsar deriving benefit under Section 167(2) Cr.P.C.

(2.) Brief facts of the case are that the abovesaid FIR was registered against the petitioner for the offences punishable under Sections 21/25/29 of the NDPS Act. Petitioner was arrested on 06.09.2013 itself. Challan/report under Section 173 Cr.P.C. was not presented by the prosecution despite expiry of the period of 180 days. Period of 180 days expired on 05.03.2014. No application was moved by the prosecution for extension of time for filing of the challan/report under Section 173 Cr.P.C. beyond the said period within a period of 180 days.

(3.) Petitioner moved an application on 07.03.2014 for release on bail as per the provisions of Section 167(2) Cr.P.C. read with Section 36A of the NDPS Act. On 07.03.2014 itself, an application was also moved by the prosecution for extension of time for presentation of the challan, Annexure P2. This application was submitted by the Officer Incharge, police station Gharinda and forwarded by the Additional Public Prosecutor. Extension of time for filing of the challan was granted by the learned Special Judge, Amritsar for another 30 days.