2014 (4) TMI 1305

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....the Respondent : None ORDER TEJINDER SINGH DHINDSA, J. (ORAL) This order shall dispose of the present petition filed under Section 167 Cr.P.C. read with Section 36(A) of the Narcotic Drugs and Psychotropic Substances Act (here-in-after referred to as 'the Act') for grant of regular bail to the petitioner in FIR No. 119 dated 05.09.2013, registered at Police Station Sarhali, Distri....

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....ays fixed under Section 167(2) of the Code of Criminal Procedure has been increased to 180 days for several categories of offences under the Act. Under Section 36-A of the Act, the period of detention may go on to a total of one year subject to satisfaction and compliance of the stringent conditions provided therein i.e. (i) upon a report of the Public Prosecutor; (ii) which in turn indicates the ....

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....between the parties. Such requirement was held to be in consonance with the principles of natural justice. 6. Adverting back to the facts of the present case, the petitioner was arrested on 05.09.2013 and the prosecution was required to submit the challan within a period of 180 days. The final report has yet not been submitted. An application dated 04.03.2014 was filed by the prosecution under ....

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....time has been produced by the learned State counsel before this Court during the course of hearing and a perusal thereof would reveal that the only basis and reason cited therein was that the report of Chemical Examiner had not been received. 8. In my considered view, there has been a noncompliance of the provisions contained in Section 36-A of the Act. The provision mandates a report of the Pu....