MOHAMMAD RAMZAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer made in the present petition filed under Section 439 and 167(2) of the Code of Criminal Procedure is for the grant of regular bail to the petitioner in case FIR No. 67, dated 03.06.2014 for offence punishable under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act"), registered at Police Station Bhogpur, District Jalandhar.

(2.) The allegation against the petitioner is that he was apprehended with 10 Kgs. of charas on 03.06.2014. The police party over-powered the petitioner and on inquiry, he disclosed his name as Mohammad Ramzan son of Gulam Mohmmad, caste Daar, resident of village Qazigund, Police Station Kund Satargaw, Distt. Kulsham, Jammu & Kashmir. As petitioner had in his possession a plastic bag, it was suspected to be containing some contraband. Accordingly, the petitioner was offered as to whether he wanted to get his search and search of plastic bag to be conducted through him or through some Gazetted Officer or a Magistrate because he had a legal right to do so. Petitioner replied that he wanted to get his search conducted through some Gazetted Officer or a Magistrate. Accordingly, DSP-D Jalandhar, namely, Ashwini Kumar was requested to reach the spot and to conduct search of the petitioner. The DSP (D) inquired about the antecedents from the apprehended petitioner and after giving his introduction, the plastic bag which was otherwise tied with a rope, opened and checked, whereupon charas was recovered. The same was weighed with weighing scale lying in investigating bag, it was turned out to be 10 Kgs.

(3.) Learned counsel for the petitioner contends that the petitioner was apprehended on 03.06.2014 and produced before the Area Magistrate on 04.06.2014 and in this manner, 180 days of custody was to expire after 30.11.2014. The prosecution has moved an application for extension of time on 28.11.2014, wherein it was submitted that challan cannot be presented in the Court without chemical report, as the charges cannot be established without the chemical report. He further submits that for the reason best known to the prosecution agency, the agency choose to present the challan on the same day i.e. 28.11.2014 without the chemical examiner's report. Learned counsel for the petitioner also submits that on 01.12.2014, after completion of 180 days, petitioner moved an application under Section 167(2) Cr.P.C. for grant of bail on the ground that since the challan was presented on 28.11.2014, without the chemical examiner's report is incomplete and thus a indefeasible right has been accrued in favour of the petitioner for grant of bail, but the learned Special Court, Jalandhar, has dismissed his application.