JUDGEMENT
-
(1.) PETITIONER -Sohandeep Singh @ Soni son of Mohinder Singh, has directed the instant petition for the grant of regular bail, invoking the provisions of Section 439 Cr.P.C, in a case registered against him, vide FIR No.118 dated 08.09.2013, on accusation of having committed an offence punishable under Section 22 of The Narcotic Drugs & Psychotropic Substances Act, 1985(hereinafter to be referred as "the NDPS Act"), by the police of Police Station Chhajli, District Sangrur.
(2.) NOTICE of the petition was issued to the State.
(3.) AFTER hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant petition in this context.
Ex facie, the argument of the learned counsel that, since the prosecution has failed to submit the final police report(challan) within the stipulated period, so, the petitioner is entitled to the concession of regular bail, in terms of Section 167(2) Cr.P.C., is neither tenable nor the observations of a Coordinate Bench of this Court(Dr.Bharat Bhushan Parsoon, J.) in bail application bearing CRM No.M -38619 of 2013, titled as Shri Kant @ Rinku Versus State of Punjab, decided on March 14, 2014, are at all applicable to the facts of the present case, wherein the accused(therein) had moved an application for bail under Section 167(2) Cr.P.C. on 12.09.2013, whereas the challan had been filed on 01.11.2013. On the peculiar facts and special circumstances of that case, the application for extension of time was held to be not in conformity with law and bail was granted to the accused. There can hardly be any dispute with regard to the aforesaid observations, but to me, the same would not come to the rescue of the petitioner in the instant controversy, for the reasons mentioned here -in -below.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.