SHIVANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed to challenge the order dated 13.10.2014 passed by Judge, Special Court, Jalandhar, whereby, application moved by the petitioner under Section 167(2) Cr.P.C. has been dismissed.

(2.) BRIEFLY , the facts of the case are that FIR No. 59 dated 13.04.2014 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') was registered against the petitioner. The petitioner was arrested on 13.04.2014. Challan was not presented within the prescribed limit period of 180 days and prior to the expiry of period of 180 days, an application was moved by the prosecution under Section 36(A) of the Act for extension of period on the ground that the report of Chemical Examiner was not received and without having the report of Chemical Examiner, challan cannot be presented. An application under Section 167(2) Cr.P.C. for grant of bail was also moved by the petitioner after expiry of period of 180 days of date of arrest i.e., 10.10.2014. The application moved by the prosecution was allowed with retrospective date but application for grant of bail moved by the petitioner was dismissed on 13.10.2014.

(3.) LEARNED State counsel has not disputed the submissions made by learned counsel for the petitioner.