T.P.S.MANN, J. - (1.) THE present petition has been filed by the petitioner under Section 167(2) read with Section 439 of the Code of Criminal Procedure for grant of bail in FIR No.135 dated 31.7.2013 under Sections 21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 27 of the Drugs and Cosmetics Act registered at Police Station Kurali, District Mohali.
(2.) THE aforementioned FIR was registered on the basis of ruqa prepared by ASI Harbhajan Singh, wherein he mentioned that on 31.7.2013 at about 6.00 p.m., when he, alongwith his fellow officials, was present at village Lakhnaur in connection with patrolling and checking he noticed the petitioner coming on feet from the side of Kharar and carrying a polythene bag in his right hand. On seeing the police party, he became perplexed and tried to escape towards the trees. He was given a call and stopped with the help of the police officials. He disclosed that he was Kuldeep Raj s/o Swaran Singh, caste Balmiki, r/o village Lakhnaur, Police Station Kurali. The search of the polythene bag led to recovery of 25 packets of Phenotil, each containing 100 tablets. As the petitioner could not produce any licence or bill in respect of Phenotil tablets, he was found to have committed the offence under Section 21 of the NDPS Act and taken into custody.
(3.) HAVING been arrested on 31.7.2013, the petitioner was produced before the Court below on 1.8.2013 when he was remanded in judicial custody. However, before the statutory period of 180 days elapsed, an application was moved by the Station House Officer on 24.1.2014 for extension of time for presenting the challan as the report of the Chemical Examiner was awaited. The said application was allowed by the Additional Sessions Judge (FTC), Rupnager vide order dated 24.1.2014 by extending the time by 90 days for presentation of the challan. On 31.1.2014, the petitioner moved an application under Section 167(2) Cr.P.C. for grant of bail but the same was dismissed by the Additional Sessions Judge (FTC), Rupnagar vide order dated 1.2.2014. Hence, the present petition. Having heard learned counsel for the parties, this Court finds that as the petitioner was remanded in judicial SATISH KUMAR 2014.10.07 12:00 custody on 1.8.2013, the Investigating Agency was required to I attest to the accuracy and authenticity of this document Chandigarh complete the investigation and present the challan within a period of 180 days thereafter. The said statutory period of 180 days was to end on 27.1.2014. However, in the meantime, an application was moved by the Station House Officer on 24.1.2014 under Section 36A of the NDPS Act for extension of time on the ground that the report of the Chemical Examiner had not been received and, therefore, the challan could not be presented. The said application was allowed by the learned Additional Sessions Judge by extending the time by 90 days. The time for presentation of the challan having been extended vide order dated 24.1.2014, the application filed by the petitioner on 31.1.2014 under Section 167(2) Cr.P.C. was not maintainable.;