(1.) PETITIONER , by way of present petition under Section 439 of the Code of Criminal Procedure ('Cr.P.C.' for short), seeks bail pending trial in FIR No. 175 dated 28.6.2014 registered under Sections 15, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) at Police Station, Phillaur, District Jalandhar.
(2.) NOTICE to the Advocate General, Punjab.
(3.) LEARNED counsel for the petitioner submits that although the FIR was dated 28.6.2014, yet the report under Section 173 Cr.P.C. was not presented by the investigating agency up -to 6.1.2015, under the pretext that report from chemical examiner was not received, the case being under the NDPS Act. He further submits that once the statutory period and even the period extended by the Court has expired and no report under Section 173 Cr.P.C. was presented to the Court, the accused -petitioner would get indefeasible right of default bail under Section 167(2) Cr.P.C. In support of his contentions, he relied upon the following judgments: -
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