SUKHJINDER SINGH ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Sukhjinder Singh alias Kala is accused in case FIR No.65 dated 24.05.2014, registered under Sections 21/61/85 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Sadar Kot Kapura, District Faridkot.

(2.) THE petitioner was arrested on 24.05.2014. The challan was not presented by the Police inspite of the fact that the alleged recovery was made on 24.05.2014 and period of 180 days had already expired. Petitioner moved an application under Section 167 (2) Cr.P.C. for grant of bail as challan was not presented within a period of 180 days. Said application was dismissed by Judge, Special Court, Faridkot on 26.11.2014 and application moved by the prosecution under Section 36 -A(4) of NDPS Act was allowed and further extension of 120 days was granted from the date of expiry of 180 days.

(3.) LEARNED counsel for the petitioner submits that the challan was not presented within 180 days and the petitioner became entitled for bail as per provisions of Section 167(2) Cr.P.C. after expiry of period of 180 days. Learned counsel further submits that application under Section 36 -A of NDPS Act was moved by the prosecution for extension of time on the ground that sanction under Section 25 of the Arms Act has not been received. Both the applications were heard together and prayer of petitioner for grant of bail was declined whereas extension was allowed with retrospective effect.