PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER prays for bail pending trial in FIR No. 59 dated 01.04.2014, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), registered at police station Talwandi Sabo, District Bathinda claiming benefit under Section 167(2) Cr.P.C. as the challan/report under Section 173 Cr.P.C. was not filed within the stipulated period of 180 days. Petitioner was arrested on 01.04.2014 in the abovementioned case. Period of 180 days for the presentation of challan/report under Section 173 Cr.P.C. expired on 27.09.2014. Petitioner moved an application under Section 167(2) Cr.P.C. before the learned trial court on 30.09.2014 for being released on bail, the Challan having not been presented within the stipulated period. A similar application had been moved by his co -accused Ravinder Pal @ Lovely on 29.09.2014. An application for extension of time for presentation of the Challan had been moved by the prosecution on 29.09.2014. All the applications were adjourned by the trial court. On 18.10.2014, extension of time for presentation of the Challan was granted to the prosecution. Petitioner's application for bail as well as that of his co -accused were dismissed as having become infructuous on 18.10.2014 itself on account of the extension of time being granted to the prosecution.

(2.) LEARNED counsel for the petitioner contends that in view of an indefeasible right having accrued to the petitioner on non -presentation of the challan/report under Section 173 Cr.P.C. within the stipulated period of 180 days, his application for bail could not have been dismissed in this manner. Similarly situated co -accused of the petitioner has been granted the concession of bail by this Court on 11.12.2014 in CRM No. M -38026 of 2014.

(3.) HAVING heard learned counsel for the parties, it is apparent that the period of 180 days as stipulated under the provisions of law had expired on 27.09.2014. Till that date, no application for extension of time had been moved by the prosecution. An indefeasible right to be released on bail as per the provisions of Section 167(2) Cr.P.C. had indeed accrued to the petitioner. He duly moved an application for release on bail on 30.09.2014 though the same was not decided on the same day by the learned trial court.