Punjab-Haryana High Court
Gurpreet Singh vs State Of Punjab on 13 December, 2013
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-38972 of 2013 (O&M) [ 1 ]
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-38972 of 2013 (O&M)
Date of Decision: Dec. 13,2013
Gurpreet Singh ................................... Petitioner
Versus
State of Punjab ............................ Respondent
Coram: Hon'ble Ms. Justice Ritu Bahri
1.To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
Present: Mr. Bhupinder Ghai, Advocate
for the petitioner.
Mr. Amrit Pal Singh Gill, AAG, Punjab.
...
RITU BAHRI, J. (Oral)
This petition under Section 167(2) Cr.P.C. read with Section 36-A (4) of the NDPS Act is for grant of bail to the petitioner in FIR No. 118 dated 27.4.2013 under Sections 22/61/85 of the NDPS Act registered at Police Station Mandi Gobindgarh, District Fatehgarh Sahib.
On 27.4.2013 when a police party headed by ASI Hakam Singh was coming from side of ESI Hospital, Mandi Gobindgarh to Grain Market, Mandi Gobindgarh for patrolling the present petitioner Gurpreet Singh came carrying a small Kaur Rupinder 2013.12.18 12:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-38972 of 2013 (O&M) [ 2 ] plastic bag in his hand. After getting the written consent, ASI Hakam Singh conducted the search and 30 pouches of 100 tablets each of phenotil and 30 pouches of 10 capsules of Parvon Spas were recovered. The same were sealed in separate parcels with his seal of letters 'HS' and the sealed case property was taken into possession. Thereafter, FIR was registered under Sections 22/61/85 of the NDPS Act on 27.4.2013.
The application for grant of bail was filed on 25.10.2013 on the ground that as per Section 167(2) Cr.P.C. due to non-presentation of the challan within 180 days, the petitioner be released on regular bail. The bail application was declined as the application for extending the time of 180 days for investigation was allowed.
Reference at this stage can be made to a judgment passed by this Court in Raj Singh @ Babbu v. State of Punjab 2013 (3) RCR (Criminal) 1054. In this case the application for extension of time beyond the period of 180 days was not accompanied by the report of the Public Prosecutor. Therefore, the accused was granted bail. While granting bail reference has been made to a Supreme Court judgment in Sanjay Kumar Kedia @ Sanjay Kedia v. Intelligence Officer, Narcotic Control Bureau and another 2010 (1) RCR (Criminal) 942. The Supreme Court has considered the provisions of Section 36A(4) of the NDPS Act Kaur Rupinder 2013.12.18 12:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-38972 of 2013 (O&M) [ 3 ] and has held that a Court was empowered to authorize detention of an accused beyond the period of 180 days if an application for extension of time is sought which is accompanied by a report of the Public Prosecutor, specific and compelling reasons for seeking the detention of the accused beyond the period of 180 days and after notice to the accused informing the above said reasons. If none of the essential ingredients are spelt out, the order granting extension for concluding the investigation is contrary to law.
In the present case the application for extension of time for investigation was presented by the Investigating Officer and it did not accompany the report of the Public Prosecutor giving the details mentioning reasons for seeking detention of the accused.
Faced with this situation and in view of the judgment passed by the Supreme Court in Sanjay Kumar Kedia @ Sanjay Kedia's case (supra) the application for grant of bail by invoking the provisions of Section 167(2) Cr.P.C. this petition is accepted. The petitioner Gurpreet Singh is ordered to be released on bail to the satisfaction of trial Court.
13.12.2013 ( RITU BAHRI )
Rupi JUDGE
Kaur Rupinder
2013.12.18 12:29
I attest to the accuracy and
integrity of this document
Chandigarh