GURWINDER SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2014-8-612
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 26,2014

GURWINDER SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents




JUDGEMENT

- (1.)Petitioner-Gurwinder Singh has filed the present petition under Section 439 Cr.P.C read with Section 167(2) Cr.P.C for grant of regular bail pending trial in case FIR No.5 dated 10.01.2014 registered under Section 22 of the NDPS Act at Police Station Sirhind, District Fatehgarh Sahib. Petitioner moved an application under Section 167(2) Cr.P.C for grant of statutory bail on the ground that the period of 180 days had expired and no challan was presented before the trial Court. He was arrested by the police on 10.01.2014 for possessing 800 tablets of DIATIL punishable under Section 22 of the NDPS Act. The period of 180 days for investigation and presentation of charge sheet had expired. The petitioner claimed bail in view of provisions under Section 167(2) of the Code. The said application was dismissed by the trial Court on the ground that an application was already moved by the prosecution for extension of time for further 60 days and the petitioner was not entitled for bail. It is also mentioned in the order that the time of 60 days was extended to the prosecution to file challan and that period would start to run from that day only.
(2.)Now the petitioner has approached this Court for grant of regular bail by invoking provisions of Section 167(2) of the Code. Learned counsel for the petitioner submits that the petitioner moved an application for bail under Section 167(2) of the Code on 10.07.2014 on expiry of period of 180 days as the challan was not presented before the Court and the petitioner had got an indefeasible right to get bail. The application moved by the prosecution for extension of time was allowed and 60 days more time was granted as per the provisions of Section 36-A(4) of the NDPS Act.
(3.)Learned counsel for the petitioner has also relied upon judgment of Hon'ble the Apex Court in case Uday Mohanlal Acharya vs State of Maharashtra, 2001 2 RCR(Cri) 452as well as the judgment of this Court in case Sarabjit Singh @ Sabi vs State of Punjab, 2014 1 RCR(Cri) 341, in support of his contentions.


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