NIRBHAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR the reasons set out in the application, same is allowed and delay of 23 days in filing the revision is condoned.

(3.) THE petitioner was arrested on 23.05.2014. The period of 180 days to file the challan lapsed on 17.11.2014. Before expiry of 180 days, the Investigating Agency has filed an application under Section 36 -A(4) of the NDPS Act, seeking extension of time but the same was not decided before expiry of 180 days. The petitioner moved application on 29.11.2014 seeking bail. The application under Section 36 -A(4) and the application under Section 167(2) Cr.P.C. were disposed of on 01.12.2014. Extension was allowed while the bail application was dismissed.

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