BHARAT BHUSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above-mentioned petitions as they arise out of same FIR i.e. FIR No.168 dtd. 5/3/2023 registered under Sec. 21 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 17, 17(a), 17(b), 18 A, 18 (a) (i), 18 (c), 27(b) (ii), 27 (c), 28 of the Drugs and Cosmetics Act, 1940 and Ss. 420, 467, 468, 471 of the IPC at Police Station Camp Palwal.

(2.) Prayer in CRR No.2487 of 2023 is for setting aside the order dtd. 3/10/2023 passed by the learned Additional Sessions Judge, Palwal, whereby application filed by the petitioner for releasing him on default bail under Sec. 167 (2) of the Cr.P.C. in the above-mentioned FIR has been dismissed and prayer in CRR Nos.2502 and 2505 of 2023 is for setting aside the orders dtd. 27/9/2023 and 31/8/2023 respectively passed by the learned Additional Sessions Judge, Palwal, whereby applications filed by the prosecution for extension of time to submit challan/final report were allowed.

(3.) Learned counsel for the petitioner submits that the petitioner was arrested on 7/3/2023 in the FIR in question annexed as Annexure P-1 and thus, the statutory period of 180 days for completion of investigation was due to expire on 3/9/2023. However, the investigating agency failed to present the challan within this period as investigation was still incomplete. Consequently, an application seeking extension of time for completion of investigation was moved by the investigating agency before the trial Court; the trial Court vide order dtd. 31/8/2023 (Annexure P-2) granted the investigating agency an additional time of 30 days to complete the investigation. Despite this extension, the investigating agency did not complete the investigation and moved another application before the trial Court for extension of time. Vide order dtd. 27/9/2023 (Annexure P-4), the trial Court granted another extension of 180 days to the investigating agency to complete the investigation. It has been argued by the learned counsel for the petitioner that since the investigation had not been completed by the investigating agency within the statutory period, the petitioner moved an application under Sec. 167 (2) of the Cr.P.C. for grant of default bail. However, the trial Court erroneously dismissed the application citing extension granted on 27/9/2023 to the investigating agency to complete the investigation.