SANDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Crimial P.C. read with Sec. 167(2) Crimial P.C. seeking benefit of regular bail to the petitioner in case FIR No. 152 dated 25.08.2015, under Sec. 22 of the NDPS Act, registered at Police Station Sadar Patiala, District Patiala.

(2.) Suffice it to notice that the petitioner was arrested on 25.08.2015 and as per prosecution version, the alleged recovery effected is of 2 litres of intoxicating liquid.

(3.) Since the statutory period of 180 days for presentation of challan was on the verge of expiry, Investigating Agency preferred an application under Sec. 36A of the NDPS Act seeking extension of time. In the light of order dated 20.02.2016 passed by the Judge, Special Court, Patiala, an extension of 15 days was granted by the trial Court for filing a report under Sec. 173 Crimial P.C. On the other hand, the petitioner moved an application under Sec. 167(2) Crimial P.C. seeking benefit of bail. However, such application has been declined vide order dated 25.02.2016 ostensibly on the ground that extension of 15 days already stands granted for completion of investigation and for submission of challan.