HARBANS LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition, filed under Section 439 read with Section 167(2), Cr.P.C., is for grant of regular bail to the petitioner, Harbans Lal, son of Sunder Lal, resident of Hira Nagar, Shutrana, Tehsil Patran, District Patiala, who has been booked for having committed the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the NDPS Act'), for retaining 1150 intoxicating pills, in a case arising out of FIR No. 104, dated 27.11.2014, registered at Police Station, Ghagga, District Patiala.

(2.) Learned counsel contends that as per prosecution version the petitioner while in possession of 1150 intoxicating pills, was arrested on 27.11.2014; he was produced before learned Area Judicial Magistrate on 28.11.2014 and on the same day was sent to judicial custody; on 18.5.2015, learned Assistant Public Prosecutor moved an application for extension of time for completing the investigation; the notice of the said application was issued to the petitioner for 21.5.2015 and thereafter it was adjourned to 3.6.2015; in the meantime, the petitioner moved an application under Section 36-A of the NDPS Act read with Section 167(2), Cr.P.C., for grant of bail to him (petitioner) since 180 days had expired and the charge-sheet (report under Section 173, Cr.P.C.) was not presented; and that the bail application filed by the petitioner as well as the application presented by learned Assistant Public Prosecutor for extension of time were heard and decided on 30.5.2015, whereby the application of the petitioner for grant of bail was dismissed while the application for extension of time was allowed.

(3.) Learned counsel for the petitioner further contends that since 180 days from the date of the judicial custody of the petitioner had expired on 26.5.2015 and by that time the chargesheet (report under Section 173, Cr.P.C.) was not presented, therefore, right had accrued to the petitioner for grant of bail.