- (1.) THIS petition seeks grant of regular bail to the petitioner who is in custody since 28.04.2013 after an FIR was registered against him on that date for the alleged commission of an offence punishable under Section 22 of the NDPS Act.
(2.) AS per the contents of the FIR, 50 bottles of "Rexcof" of 100 ml each having Chlorpheniramine Malteate IP -4mg. and Codeine Phosphate IP -10 mg. was allegedly recovered from him in addition to 70 pouches of Momotil tablets, containing 100 tablets in each.
(3.) OTHER than alleging that the FIR itself has been falsely registered, the petitioner is seeking grant of bail invoking Section 167 (ii) of the Cr.P.C. read with Section 36 -A of the NDPS Act, 1985. The statutory period of 180 days as provided under Section 36 - A(4) of the Act of 1985, having been expired without any "challan having been presented", the petitioner filed an application under Section 167 (ii) Cr.P.C. before the Special Court on 28.10.2013 which declined the application on 31.10.2013 on the ground that the police had moved an application seeking further time to complete the investigation and present the challan though time was allowed vide the same order dated 31.10.2013. The petitioner has also annexed a copy of the application moved by the learned Additional Public Prosecutor, Sangrur, on 23.10.2013, seeking extension of time to submit the challan, with the petition presently filed.;