SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant petition has been filed under Section 167(2) of the Code of Criminal Procedure (in short, 'the Code') read with Section 36-A (4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the NDPS Act') read with Section 439 of the Code for grant of regular bail to the petitioner in case arising from FIR No.214 dated 15.09.2014, registered at Police Station Gharinda, Amritsar, under Sections 21/22 of the NDPS Act, Sections 411/414 of the Indian Penal Code, Section 3/34/20 of Indian Passport Act and Section 14 of the Foreigners Act (wrongly not mentioned in head-note of petition).

(2.) In brief, facts giving rise to the present petition are to the effect that on the intervening night of 14/15.09.2014, 1.900 kilograms heroin was recovered on Indo-Pak border by the BSF officials. During investigation, petitioner-Sukhdev Singh and Jugraj Singh were arrested.

(3.) Since source of consignment of heroin and involvement of persons were to be investigated and report of chemical examiner was yet to be received, therefore, learned APP for State moved application under Section 36-A of the NDPS Act for extension of time beyond period of 180 days' custody of the petitioner, to complete investigation. The said application was allowed by the trial Court vide order dated 30.03.2015 and a period of 30 days has been extended to enable the prosecution to complete the investigation. However, the application moved by the petitioner under Section 167(2) of the Code has been dismissed by the trial Court vide order dated 30.03.2015. Hence, this petition.