BHARAT BHUSHAN PARSOON, J. - (1.) THE petitioner confined in Sub Jail, Malerkotla has filed the present petition under Section 439 of the Code of Criminal Procedure read with Sections 167(2) and 482 Cr.PC for grant of regular bail in case FIR No.31 dated 9.3.2013 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) registered at Police Station, City Malerkotla, District Sangrur, claiming that the prosecution had failed to present the report under Section 173 Cr.PC within the stipulated period and his application for bail was wrongly rejected on 21.9.2013 vide which time to file report under Section 173 Cr.PC, was wrongly extended by the Court.
(2.) THE petitioner is cited as an accused. 45 bottles of Rexcof each weighing 10 ml. and 20 strips of Parvan Spas Capsules, each strip having 10 capsule (total 200 capsules), were allegedly recovered from the petitioner - accused. The claim of the petitioner is contested by respondent -State. It is averred that the investigating officer had made every effort to get the report from the Forensic Science Laboratory, Mohali (hereinafter mentioned as the Laboratory) but he could not succeed as it was beyond his control and consequently, in the interest of justice, the time for filing report under Section 173 Cr.PC was got extended. Validity and legality of order of 21.9.2013 passed by the Special Court, Sangrur is asserted.
(3.) HEARING has been provided to learned counsel for the parties while going through the paper book.;