YUDHVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks the concession of bail under the provisions of Sec. 167(2) Cr.P.C. in a case u/s. 27 of the NDPS Act, wherein recovery of 260 grams of intoxicating powder was effected and thereafter recovery of 500 grams of intoxicating powder on his disclosure statement was made from him.

(2.) Through the instant petition, the petitioner challenges order dated 16.5.2015 (Annexure P -4) passed by the Special Judge, Amritsar declining the release of the petitioner on bail on account of an application under Sec. 36 -A(4) of NDPS act, having been allowed by the said court. The petitioner in this case was arrested on 18.11.2014. 180 days in custody expired on 17.5.2015. Before the expiry of 180 days, the Public Prosecutor filed an application Annexure P -2, signed by SHO, Police Station B Division Amritsar City with his report, which reads as follows: - -

(3.) The said application was filed on 11.5.2015. Vide order dated 16.5.2016 (Annexure P -4) the Special Judge had extended the period for presentation of challan and extended the period for two months for filing of challan, permitting the detention of the petitioner. An application filed by the petitioner u/s. 167(2) Cr.P.C. for release on bail was dismissed on 20.5.2015 (Annexure P -6) on the ground that the application u/s. 36 -A(4) of the NDPS Act praying for extension of time to present challan, stands allowed.