JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In FIR No. 106 dated 20.4.2013 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) registered at Police Station, Mandi Gobindgarh, District Fatehgarh Sahib, petitioner-accused Jagjit Singh @ Jaggi lodged, in Maximum Security Jail, Nabha, seeks bail on the plea that he is continuing in custody in a false case against him for more than 180 days but the investigating agency has not furnished report under Section 173 Cr.P.C. The petitioner, thus, seeks to avail benefit of Section 167(2) Cr.P.C. read with Section 36A(4) of the Act. He pleads his date of arrest as 20.4.2013. Respondent-State, on the other hand, claims that before completion of 180 days, an application for extension of time for filing the final report under Section 173 Cr.P.C. had been made on 15.10.2013 (Annexure P-2) and thus, bail on the ground of non-furnishing of final investigational report, is not tenable.

(2.) Hearing has been provided to learned counsel for the parties while going through the paper book.

(3.) Maximum period of 90 days fixed under Section 167(2) Cr.P.C. has been increased to 180 days for several category of offences under the Act but the proviso appended thereto authorises yet further period of custody which is extendable upto one year provided the conditions stipulated therein are complied with. The necessary conditions are as under: