M.JEYAPAUL, J. - (1.) THE petition is filed under Section 439 of Code of Criminal Procedure praying for grant of regular bail in a case registered under Section 22 of the NDPS Act.
(2.) IT is contended by the petitioner that he was remanded to judicial custody on 25.7.2013 and the period of 180 days has expired on 20.01.2014 itself. He moved an application for statutory bail on 21.1.2014 but the final report was submitted by the investigating Singh Parvinder 2014.05.13 16:17 I attest to the accuracy and integrity of this document Criminal Misc.No.M -5642 of 2014 agency during the pendency of the application filed by the petitioner seeking statutory bail. The trial court having held that during the pendency of the application seeking statutory bail challan has been presented chose to dismiss the application for bail. There is no dispute to the fact that the petitioner who was allegedly found in commercial quantity of contraband is entitled to statutory bail on the expiry of remand period of 180 days from the date of his remand. It is also not in dispute that he presented the petition on 181st day and the challan was presented only thereafter, of course, during the pendency of the application seeking statutory bail.
(3.) THE learned counsel appearing for the petitioner would submit that an indefeasible right has accrued to the petitioner the moment the challan was not presented on the expiry of 180 days. Such an indefeasible right cannot be thwarted by filing challan during the pendency of an application seeking statutory bail. Per contra, the learned State counsel would submit that the moment challan is presented during the pendency of application seeking statutory bail, the right accrued to the petitioner under Section 167(2) stands extinguished. ;