MANGAT RAM @ MANGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this revision petition is to order dated March 18, 2015 passed by the ld. Judge Special Court, Kapurthala whereby an application moved by petitioner-Mangat Ram under Section 167 (2) Cr.P.C. seeking his release, in case FIR No. 199, dated 09.07.2014, under Sections 20/25/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, 'Act') registered at Police Station City Kapurthala, was declined.

(2.) As per the allegations put forth by the prosecution is that petitioner namely Mangat Ram and his co-accused Tilak Raj were apprehended by the police on July 09, 2014 while they were travelling in car No. PB-01-9924 make XYLO and from the search of vehicle one black colour envelope was recovered from the lap of petitioner, which is allegedly containing 2 kgs. of CHARAS and on the adjoining seat another bag weighing 2 kgs. of CHARAS was recovered. Petitioner was arrested in this case on July 09, 2014 and since then he is suffering incarceration.

(3.) Prosecution has failed to present the challan within the stipulated period of 180 days from the date of arrest of petitioner. Accordingly, an application under Section 36-A of the Act seeking extension of time for presentation of challan was moved, which was allowed vide order dated January 05, 2015 whereby 60 days more time was granted to the prosecution to present the challan. Even during the extended period of 60 days, challan was not presented and the extended period also lapsed on March 07, 2015. In the meantime, an application under Section 167 (2) Cr.P.C. was preferred by petitioner before the ld. trial court on March 07, 2015, which was adjourned to March 09, 2015.