RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition, the petitioner is assailing the order dated 17.01.2015, passed by Sessions Judge, Mansa on the application filed under Section 167(2) Cr.P.C. The petitioner is seeking regular bail in FIR No. 82 dated 19.07.2014, registered under Section 22 of the NDPS Act at Police Station Sadar City -2, Mansa, District Mansa.

(2.) THE petitioner was arrested on 19.07.2014. The period of 180 days to file the challan lapsed on 15.01.2015. Before expiry of 180 days, the Investigating Agency has filed an application under Section 36 -A(4) of the NDPS Act on 12.01.2015, seeking extension of time but the same was not decided before expiry of 180 days. The petitioner moved application under Section 167(2) Cr.P.C. on 17.01.2015 seeking bail. The application under Section 36 -A(4) and the application under Section 167(2) Cr.P.C. were disposed of on 17.01.2015. Extension was allowed while the bail application was dismissed.

(3.) IT was also contended that the extension granted could not operate retrospectively as per the ratio of the Hon'ble Apex Court. It was urged that the Court was obliged to deal with the application under Section 167(2) Cr.P.C. on the day when it was filed and that right was not lost because the application for extension of time was pending.