JAGDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant criminal revision petition is directed against the order dated 12.5.2015 passed by the learned Judge Special Court, (Fast Track Court), Bathinda, whereby application of the petitioner for default bail under Section 167(2) of the Code of Criminal Procedure ('Cr.P.C.' for short) was dismissed, as having become infructuous.

(2.) Notice of motion was issued.

(3.) Learned counsel for the petitioner submits that the FIR No.244 dated 6.11.2014 was registered under Sections 22/61/85 of the Narcotic Drugs And Psychotropic Substances Act, 1985 ('NDPS' for short) at Police Station Talwandi Sabo, Bathinda. Statutory period of 180 days expired on 4.5.2015. Petitioner invoked the provisions of Section 167(2) Cr.P.C., by moving an appropriate application on 6.5.2015. However, the learned Judge (Special Court) proceeded on a misconceived approach, while allowing the application dated 1.5.2015 filed by the prosecution for extension of time and dismissing the application of the petitioner for default bail under Section 167(2) Cr.P.C., as having been rendered infructuous, by passing the impugned order dated 12.5.2015. In support of his contention, learned counsel for the petitioner places reliance on two orders of this court dated 27.5.2014 passed in Crl.Revision No.1000 of 2014 (Jassa Singh Vs. State of Punjab) and order dated 29.5.2015 passed in CRM No.M-16647 of 2015 (Tarsem Singh @ Sheru Vs. State of Punjab). He prays for setting aside the impugned order, by allowing the present petition.