VIJENDER SINGH MALIK - (1.) CRL. Misc. No. 18176 of 2012 Application under section 5 of the Limitation Act has been made for condonation of delay of 134 days in filing the revision petition. It is claimed that the petitioner had filed a petition under the provisions of section 439 Cr.P.C. before this court, after dismissal of his application vide order dated 11.8.2011. Thus, he became late in filing this revision petition. The prayer in the application is not opposed by the State.
(2.) FOR the reasons given in the application, the delay of 134 days in filing this revision petition is condoned. Application stands disposed of accordingly. Crl. Revision No. 903 of 2012 2 .. Main petition Gurveer Singh alias Garry has sought revision of the order dated 11.8.2011 passed by Special Judge, Patiala vide which the application for grant of bail under the provisions of section 167(2) Cr.P.C. in a case registered by way of FIR No.11 dated 3.2.2011 at Police Station Badson, District Patiala for an offence punishable under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") has been dismissed.
(3.) LEARNED counsel for the petitioner has contended that the petitioner was arrested on 3.2.2011. According to him, the period of 180 days expired thereafter on 2.8.2011. According to him, the petitioner filed an application for bail under the provisions of section 167(2) Cr.P.C. on 3.8.2011 and learned Special Judge instead of passing an order of bail, had sought the report of Ahlmad and ordered notice to be issued to the State for 4.8.2011. According to him, in the meanwhile, the State filed the challan on 3.8.2011 itself and on this development, vide orders dated 11.8.2011, learned Special Judge dismissed the application. 4. LEARNED counsel for the petitioner has although claimed that the application for bail was filed earlier and coming to know of bail application, the police filed challan thereafter, it has to be said that the bail application and the challan have been filed on the same day. The period of 180 days given in the Act for filing challan, admittedly expired on 2.8.2011. The question is as to whether the right accrued to the accused under section 167 (2) Cr.P.C. is indefeasible right and filing of challan, after the expiry of 180 days of date of arrest of the accused, Crl. Revision No. 903 of 2012 would not defeat the said right.;