GURPARKASH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was allegedly found in possession of 500 grams of heroin on June 29, 2014. Vide order dated December 24, 2014, Judge, Special Court, Tarn Taran has allowed the application under Section 36 A (4) of the NDPS Act filed by Additional PP, Tarn Taran and granted permission for detention of the petitioner beyond a period of 180 days. Counsel for the petitioner has submitted that no doubt the application filed under Section 36 A (4) of the NDPS Act has been decided prior to the expiry of 180 days but the power has been misused in contravention to the law laid down in Sanjay Kumar Kedia @ Sanjay Kedia Vs. Intelligence Officer, Narcotic Control Bureau and another, 2010 1 RCR(Cri) 942 and also in Hitendra Vishnu Thakur Vs. State of Maharashtra, 1994 AIR(SC) 2623.

(2.) COUNSEL for the petitioner has vehemently urged that there is absence of independent application of mind by the Addl. Public Prosecutor. He has urged that vide annexure P -3, the SHO, Police Station City, Tarn Taran had forwarded a communication on December 19, 2014 indicating that 180 days after arrest of petitioner were going to expire on December 26, 2014 and the sample for chemical examination had been sent on October 15, 2014 but the report had not yet been received. The investigation was still pending as such a request was made for extension of the judicial custody. On the basis of the said application annexure P -3, the Additional Public Prosecutor, Tarn Taran framed an application reporting the circumstances on December 20, 2014.

(3.) THE main grievance of the learned counsel for the petitioner is that in the present case the father of the petitioner Prem Singh had been intimated by AIG of Police (Crime) vide communication dated December 18, 2014 that a Special Investigation Team had been constituted in the present case in which DIG Border Range, Amritsar, SSP, Gurdaspur and SP (Crime) Zonal had been nominated as members of the Special Investigation Team. The said fact of Special Investigation Team having been constituted was required to be reflected in the application which was submitted in the Court.