Ajay Tewari, J. - (1.) This petition has been filed under Section 482 Cr.P.C read with Section 167(2) Cr.P.C read with Section 439 Cr.P.C praying for setting aside the impugned order dated 11.01.2016 passed under Section 36-A(d) (4) NDPS Act giving extension of 02 months for filing of challan on the ground of non-receipt of chemical report and for grant of bail pending trial in FIR No.161 dated 20.07.2015, under Sections 15/61/85 of NDPS Act at P.S. Dera Bassi, District SAS Nagar, Mohali.
(2.) On 02.03.2016, the following order was passed: "Two petitioners are seeking the default bail under Section 167 (2) Cr.P.C., while also challenging the order dated 11.01.2016 (Annexure P-2) whereby two months extension for filing the challan has been granted by the trial Court on the simpliciter ground of non-receipt of Chemical Report and, thus, being not within the parameters set out for grant of extension by the Hon'ble Supreme Court in case titled as " Sanjay Kumar Kedia @ Sanjay Kedia v. Intelligence Officer, Narcotic Control Bureau, 2010 (1) RCR (Criminal) 942 ". It is contended that the connected matters are listed and have been adjourned to 04.05.2016 wherein orders of release on interim bail to the petitioner(s) have been granted. Learned State Counsel also prays for time to file reply. Adjourned to 04.05.2016. In the meanwhile, it is ordered that the petitioners be released on interim bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned."
(3.) Learned counsel for the petitioner states that in this regard vide order dated 11.09.2014 learned Single Judge in CRR-2087-2014 titled as Ranjit Singh @ Rana v. State of Punjab has referred the following the questions to the Larger Bench:- (i) Whether the petitioner has indefeasible right to be released on bail on the expiry of period of 60 or 90 or 180 days as the case may be; (ii) Whether the right to bail of the petitioner gets effected in case the application is moved after the expiry of that period; (iii) Whether the petitioner has a right to be released on bail even without moving any application on expiry of said period; (iv) Whether the application moved by the prosecution can be extended as a matter of right or after seeing the reasons and circumstances of each case. (v) Whether after dismissal of the bail application before the trial Court, the remedy is of filing revision or petition under Section 439 CrPC or 482 CrPC; (vi) Whether while deciding the application under Section 167(2) CrPC, the merits of the case or nature of the offence is to be seen or not; (vii) Whether the application for extension of time moved by the prosecution and application seeking grant of bail moved by the accused should be decided together on the same date and in the presence of both the parties; and that reference is still pending.;