SANJEEV RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 439 read with Section 167(2) of the Code of Criminal Procedure for grant of bail to the petitioner in case FIR No.257 dated 18.10.2014 registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Dera Bassi, District Mohali.

(2.) Learned counsel for the petitioner submits that the petitioner was arrested on 18.10.2014 and since then he is in custody.

(3.) The challan has not been presented till date and the period of 180 days has expired on 16.04.2015. Learned counsel further submits that an application was moved by the prosecution on 13.04.2015 for extension of period of 60 days for presentation of challan, which was allowed by the trial Court on the same day and period of 40 days was granted to the prosecution for presentation of challan. Learned counsel also submits that even after the expiry of aforesaid period of 40 days, the challan was not presented and the total period of 220 days expired on 25.05.2015. Thereafter, one more application was moved by the prosecution for grant of another 60 days time to present the challan, which was allowed and 60 days more time was granted to the prosecution. But even after expiry of period of 280 days (180+40+60), the prosecution did not present the challan.