SHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRM -15425 -2015

(2.) THE petitioner was arrested on 14.10.2014. The period of 180 days to complete the investigation was to lapse on 03.04.2015. Prior thereto, on 23.02.2015 the prosecution filed an application under Section 36 -A of the NDPS Act, seeking extension of time to complete the investigation of the case from 180 days to 360 days. Notice of the same was given and the application was allowed by the trial Court on 04.03.2015 and 30 days more were granted to complete the investigation i.e. upto 03.04.2015. The challan was not filed for want of report of Chemical Examiner. Consequently, on 04.04.2015, after lapse of extended period of 210 days, prosecution again filed an application under Section 36(A) of NDPS Act seeking further extension of time to complete the investigation. Notice of the said application was given to the accused. During pendency of that application the petitioner also moved application under Section 167(2) Cr.P.C. on 13.04.2015 seeking bail on the ground that despite lapse of extended period of 210 days to complete the investigation and 180 days of his detention which expired on 11.04.2015, investigating agency failed to present the challan. The second application under Section 36 -A of the Act and the application for bail under Section 167(2) Cr.P.C. were disposed of on 15.04.2015. Application for extension of time was allowed and 20 days' more time was granted with retrospective effect to complete the investigation while the bail application of petitioner was dismissed.

(3.) THE petitioner seeks concession of bail claiming that an indefeasible right had accrued to him on expiry of 180 days of his custody which could not be defeated by pendency of the second application under Section 36 -A (4) of the Act which was not allowed prior to the expiry of extended time of 30 days.