RAM NIWAS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant petition has been filed under Section 439 of the Code of Criminal Procedure (in short, 'the Code') read with Section 167 (2) of the Code read with Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the NDPS Act') for grant of regular bail to the petitioner in case arising from FIR No.104 dated 28.09.2013, registered at Police Station City II, Mansa, under Section 18 of the NDPS Act.

(2.) In brief, facts giving rise to the present petition are to the effect that on 28.09.2013, 5 kgs opium was allegedly recovered from the possession of petitioner-Ram Niwas and co-accused Udey Pal. They were arrested on 28.09.2013 and were produced before the Magistrate on 29.09.2013. The sample parcel was sent to the FSL, Mohali for chemical examination. The final report could not be submitted well in time for want of report of FSL. On 18.03.2014, the prosecution moved application for extension of time for the custody of petitioner beyond the stipulated period of 180 days. The said application was allowed by the trial Court on 31.03.2014 and a period of 30 days was extended for completion of investigation. The extended period expired on 26.04.2014. Since the challan could not be presented, therefore, on the said date, the prosecution again moved application for extension of time which has been allowed vide order dated 12.05.2014 and a period of 30 days was extended for completion of investigation and submission of challan. However, application under Section 167 (2) of the Code move by the petitioner has been dismissed being infructuous. Hence, this petition.

(3.) I have heard learned counsel for the parties and perused the record.