TEJINDER SINGH DHINDSA, J. - (1.) THIS order shall dispose of the instant petition filed under Section 439 of the Code of Criminal Procedure read with Section 167(2) of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.60 dated 1.6.2012, under Sections 21, 29, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act'), registered at Police Station Kartarpur, District Jalandhar.
(2.) FACTS , in brief, are that upon receiving secret information, Ranjit Singh @ Raja Kandola, Harkanwaljit Singh, Amandeep Singh, Sukhwinder Singh, Harjinder Singh and other accused were arrested and from their possession 34 kgs. Methamphetamine (ICE), 19 kgs. F Dreem and 200 grams heroin was recovered. As per prosecution version, upon their interrogation it came to light that the leader of such gang was Ranjit Singh @ Raja Kandola and he had purchased luxury cars and properties, which were being looked after by the present petitioners. It was further alleged that the present petitioners were helping him and were also taking care of his money. After adding offence under Sections 29, 61, 85 of the Act, the present petitioners were arrested on 10.6.2012. Learned counsel appearing for the petitioners would submit that the petitioners were not even named in the FIR and they have been falsely implicated being the wife and son, respectively, of Ranjit Singh @ Raja Kandola. It is contended that petitioner No.2 is a student in a University in England and had come to India to visit his mother as also his grand -father who was suffering from serious illness. Learned counsel further contended that petitioner No.1 was working as a Visa Officer in the Greece Embassy and had appeared before the Delhi Police on 6.6.2012 and on the same very day, the Delhi Police handed over the custody of both the petitioners to Jalandhar Police. Learned counsel further argues that a false recovery of one kg. of heroin has been planted on the petitioners which is alleged to be recovered from their house which already stood sold by the grand -parents and the possession already stood delivered to the owner. It is further argued on behalf of the petitioners that 180 days' time of presentation of challan expired on 1.12.2012 and it was only upon moving an application for bail before the Court below on 7.12.2012 that the petitioners became aware that the Court had allowed an application moved by the prosecution and one month's extension had been granted without issuing notice to the petitioners.
(3.) LEARNED State counsel would vehemently oppose the present petition for grant of regular bail by contending that the petitioners are active members of a gang involved in trafficking illegal drugs and the kingpin of such gang is Ranjit Singh @ Raja Kandola i.e. husband and father of petitioners respectively. Learned State counsel would further argue that there was no requirement of serving notice on the petitioners insofar as application seeking extension of time for presentation of challan was concerned. State counsel would further submit that the report under Section 173 of the Code of Criminal Procedure already stands presented in the Court of competent jurisdiction on 15.12.2012 and in the light of such fact, the right under Section 167(2) of the Code of Criminal Procedure to be released on bail stands extinguished.;