- (1.) THE instant revision petition is directed against the order dated 11.12.2013 passed by the trial Court, whereby an application filed by the investigating agency seeking extension of time for submission of final report pertaining to FIR No. 41 dated 18.06.2013, under Sections 21, 29, 61, 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 -54 -59 of Arms Act, has been allowed. Further challenge is to the order dated 18.12.2013 in terms of which, an application preferred by the petitioner under Section 167(2) Cr.P.C. seeking benefit of bail has been declined.
(2.) SUFFICE it to notice that the petitioner was arrested on 19.6.2013 and as per prosecution version, an alleged recovery of 500 gms. of heroin was effected from him. Since the statutory period of 180 days for presentation of challan was expiring, the investigating agency preferred an application dated 11.12.2013, under Section 36 -A of the NDPS Act seeking extension of time. On the same very day, vide impugned order dated 11.12.2013 a period of 30 days extension was granted by the trial Court for filing of the report under Section 173 Cr.P.C. The petitioner on the other hand, submitted an application on 17.12.2013 under Section 167(2) Cr.P.C. seeking the benefit of bail but the same had been dismissed vide impugned order dated 18.12.2013 holding the same to be not maintainable in view of the fact that extension for submission of challan had already been granted.
(3.) HAVING heard counsel for the parties at length, this Court is of the considered view that the present petition deserves to be allowed. Under Section 167 of the Code of Criminal Procedure and under its various sub -sections, the maximum period beyond which a person cannot be detained while investigation is under way has been provided and the same varies between 60 to 90 days keeping in view the gravity of offence. If the investigation is not completed within such stipulated period, the accused is entitled to bail under Section 167(2) of the Code of Criminal Procedure if he makes an application for such purpose. However, under the Act, the maximum period of 90 days fixed under Section 167(2) of the Code of Criminal Procedure has been increased to 180 days for several categories of offences under the Act. Under Section 36 -A of the Act, the period of detention may go on to a total of one year subject to satisfaction and compliance of the stringent conditions provided therein i.e. (i) upon a report of the Public Prosecutor; (ii) which in turn indicates the progress of the investigation; (iii) specifies the compelling reasons for seeking the detention of the accused beyond the period of 180 days; and (iv) after notice to the accused.;