BALKARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Balkaran Singh seeks regular bail in case FIR No. 78 dated 25.05.2014, registered under Section 22 of the NDPS Act at Police Station Bahaw Wala, District Fazilka.

(2.) THE petitioner was arrested on 25.05.2014. The period of 180 days to file the challan lapsed on 21.11.2014. Before expiry of 180 days, the Investigating Agency has filed an application under Section 36 -A(4) of the NDPS Act, seeking extension of time but the same was not decided before expiry of 180 days. The petitioner moved application on 26.11.2014 seeking bail which was dismissed on 02.12.2014. Incomplete challan was filed in the Court on 24.12.2014 as report of Chemical Examiner was not attached with the challan. Another application under Section 167(2) Cr.P.C. was filed which was dismissed on 28.01.2015.

(3.) IT was also contended that the extension granted could not operate retrospectively as per the ratio of the Hon'ble Apex Court. It was urged that the Magistrate was obliged to deal with the application under Section 167(2) Cr.P.C. on the day when it was filed.