2014 (2) TMI 1430

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.... under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act'), registered at Police Station Lahori Gate, Patiala. 2. Facts, in brief, are that the police party standing near Bus Stand on Rajpura Patiala Road received secret information on 9.6.2013 that Nardev Inder Singh and Gurinder Singh were bringing intoxicant tablets from outside and to sell them in the city. Accordingly, an Activa Scooter bearing registration No.PB- 11-AP-3538 was spotted and was stopped. Two persons riding the Scooter were apprehended and the person driving the Scooter disclosed his name as Nardev Inder Singh and the pillion rider disclosed his name Gurinder Singh @ Lucky. Further allegations, as per FIR, are that afte....

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....parties, I am of the considered view that the prayer made in the present petition deserves to be accepted. 6. The question as to whether the tablets allegedly recovered from the petitioner and co-accused were prescription drugs or any intoxicating substance, would be a matter of investigation. Be that as it may, 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 Proce....

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.... been completed and the maximum period of 180 days already stand lapsed on 17.12.2013. It has not been disputed by the learned State counsel that no notice had been served upon the accused, the present petitioner, as regards the application seeking extension of time. Even otherwise, the application, so submitted, has been produced before the Court during the course of hearing and the same has been perused. The only reason and basis cited in the application seeking extension of time for completion of investigation is that the report of the Chemical Examiner as regards the sample of the intoxicating/narcotic tablets has not been received. Solely on such premise, the Additional Public Prosecutor, Incharge of the case, has recorded a satisfacti....