Punjab-Haryana High Court
Rakesh Singh vs State Of Punjab on 10 September, 2014
Author: T.P.S. Mann
Bench: T.P.S. Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-11432 of 2014
Date of Decision : September 10, 2014
Rakesh Singh
....Petitioner
Versus
State of Punjab
.....Respondent
CORAM :HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. M.S. Sodhi, Advocate
Mr. A.S. Kler, Deputy A.G., Punjab.
T.P.S. MANN, J.
Prayer made in the petition filed by the petitioner under Section 439 read with Section 167(2) of the Code of Criminal Procedure is for grant of regular bail to him in case FIR No.84 dated 25.7.2013 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') registered at Police Station Mamdot, District Ferozepur.
The aforementioned FIR was registered on the basis of ruqa prepared by SI Surjit Singh, wherein he stated that on 25.7.2013, he, alongwith his fellow police officials, was out for patrolling and when they reached the turning of Sunder Wale Jhuge, he saw the petitioner coming from the opposite direction and holding a polythene bag in his right hand. On seeing the police party, he tried to turn back which arose suspicion in the mind of the police party. Accordingly, the petitioner was SATISH KUMAR 2014.10.07 12:00 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No.M-11432 of 2014 -2- apprehended and the search of the polythene bag held by him in his right hand led to recovery of 13 strips of Parvon Spas, each containing 10 capsules, and 250 grams of intoxicant powder. As the petitioner could not produce any permission or licence to carry the same, he was found to have committed an offence under Section 22 of the Act and, accordingly, taken into custody.
The petitioner moved an application under Sections 167(2) and 173 Cr.P.C. before the trial Court on the ground that the challan presented by the police was incomplete insofar as the report of the Forensic Science Laboratory was not attached thereto and as the statutory period of 180 days had expired and no such report of the Forensic Science Laboratory was produced, he was entitled to bail as of right. The said application was, however, dismissed by the trial Court vide order dated 25.2.2014.
Having heard learned counsel for the parties, this Court finds that, undisputedly, the challan under Section 173 Cr.P.C. was presented within 180 days of the remanding in custody of the petitioner. The argument of the learned counsel for the petitioner that the challan so presented was incomplete insofar as the report of the Forensic Science Laboratory was not appended thereto, cannot be accepted in view of the Full Bench judgment of this Court in the case State of Haryana Vs. Mehal Singh and another, 1978 Crl. L.J. 1810, wherein it was held that merely because certain documents and the statements of the witnesses recorded under Section 161 Cr.P.C. had not been appended with the challan SATISH KUMAR 2014.10.07 12:00 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No.M-11432 of 2014 -3- would not make it incomplete.
After obtaining instructions from ASI Suresh Kumar, learned State counsel has informed the Court that apart from the present case, the petitioner is involved in one more case under Section 15 of the Act registered at Police Station Mamdot vide FIR No.17/2012.
Resultantly, the petition is without any merit and, therefore, dismissed.
( T.P.S. MANN )
September 10, 2014 JUDGE
satish
SATISH KUMAR
2014.10.07 12:00
I attest to the accuracy and
authenticity of this document
Chandigarh