GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 439 Cr.P.C. read with Section 167 (2) Cr.P.C. for grant of regular bail in case FIR No.130 dated 20.5.2014 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short). Act registered at Police Station Gobindgarh Mandi District Fatehgarh Sahib.

(2.) In this case, petitioner was arrested on 20.5.2014 and period of 180 days was completed on 16.11.2014. On 14.11.2014 application for extension of time was moved on the ground that FSL report has not been received. That application was allowed on 21.11.2014, allowing period of 90 days more to complete the investigation. Application under Section 167 (2) Cr.P.C. was moved by the petitioner on 17.11.2014 and the same was rejected on 21.11.2014 when extension of time was granted to the investigating agency. Report has been received and challan stands presented Following questions arise for consideration of the Court:-

(3.) In Hitendra Vishnu Thakur vs. State of Maharashtra, 1994 3 RCR(Cri) 156, the Hon'ble Supreme Court, while dealing with provision of 20 (4) of TADA, which is quite analogous to Section 36 (A) 4 of N.D.P.S. Act, observed that if it is not possible to complete the investigation within the period of 180 days, the designated Court shall extend the said period up to one year on the report of public prosecutor indicating the progress of the investigation and specific reasons are to be quoted for detention of the accused beyond the period of 180 days. Section 167 (2) Cr.P.C. prescribes outer limits within which the investigation must be completed. Section 167 Cr.P.C.read with Section 20 (4) of TADA is not a provision for grant of bail but certainly provides maximum period during which the accused may be kept in custody and detention to enable the investigating agency to complete the investigation and file challan. The proviso to Section 167 (2) Cr.P.C. read with Section 20 (4) (b) of TADA creates an indefeasible right in favour of the accused on account of default by the prosecution agency in completing the investigation within the prescribed or extended time. As a consequence of the amendment, an accused after the expiry of 180 days from the date of his arrest becomes entitled to bail irrespective of nature of offence with which he is charged with, where the prosecution fails to put up challan against him on completion of the investigation.