AMIT SACHDEVA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 167(2) Cr.PC. read with Section 439 Cr.P.C. for grant of regular bail in case FIR No. 97 dated 03.03.2015 under Section 18 of the NDPS Act, registered at Police Station Focal Point, District Ludhiana City.

(2.) NOTICE of motion was issued and learned State counsel appeared and contested the petition.

(3.) FROM the record, I find that vide impugned order dated 03.09.2015 passed by learned Judge, Special Court, Ludhiana, the bail application dated 02.09.2015 under Section 167(2) Cr.P.C. on behalf of the accused -applicant Amit Sachdeva has been dismissed. The perusal of the impugned order shows that the application was filed at 9.45 A.M. on 02.09.2015 and prosecution furnished the challan against the accused -applicant at 10.20 A.M. i.e. within 35 minutes of filing the bail application. In this order, it was held that the bail application was filed by the accused after the expiry of 180 days of presentation of challan. It is also clear from impugned order dated 03.09.2015 that the challan was presented after filing of the bail application after 35 minutes. The Court below dismissed the bail application by relying upon the law laid down in Pragyna Singh Thakur v. State of Maharashtra, : 2012(1) RCR (Crl.) 302, by holding that when the challan is presented, the right to be released on bail would be lost.