NARAIN SON OF SHANKER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of the instant petition filed under Section 167(2) and 439 of the Code of Criminal Procedure praying for the grant of regular bail to the petitioner in case FIR No.193 dated 28.8.2014, under Section 15/21/61/85 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act'), registered at Police Station Kotkapura, District Faridkot.

(2.) THE petitioner was arrested on 28.8.2014 and as per prosecution version, 10 kgs. of poppyhusk and 5 kgs. of intoxicating powder was recovered from the present petitioner as also other co -accused.

(3.) LEARNED counsel for the parties have been heard at length. Under Section 167 of the Code of Criminal Procedure and under its various sub -sections, the maximum period beyond which a person cannot be detained while investigation is under way has been provided and the same varies between 60 to 90 days keeping in view the gravity of offence. If the investigation is not completed within such stipulated period, the accused is entitled to bail under Section 167(2) of the Code of Criminal Procedure if he makes an application for such purpose. However, under the Act, the maximum period of 90 days fixed under Section 167(2) of the Code of Criminal Procedure has been increased to 180 days for several categories of offences under the Act. Under Section 36 -A of the Act, the period of detention may go on to a total of one year subject to satisfaction and compliance of the stringent conditions provided therein i.e.