2014 (6) TMI 1080

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.... None ORDER NAVITA SINGH, J. (ORAL) The present petition has been filed under Section 36(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as the Act) read with Section 167(2) of the Code of Criminal Procedure (for short Cr.P.C) for grant of bail in FIR No.155 dated 01.10.2013 under Sections 21 of the Act pertaining to Police Station Sarhali District Tarn ....

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....r for grant of bail under Section 167(2) Cr.P.C was decided on 17.04.2014 by the Special Judge, Tarn Taran. The period for investigation was extended by two and half months and the application of the present petitioner for bail was declined. Learned counsel for the petitioner argued that it was held by Hon'ble the Supreme Court in Sayed Mohd. Ahmed Kazmi v. State, GNCTD and others - 2013(1)....

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....extension was granted retrospectively and the order was thus not sustainable. Learned counsel appearing for the State, on the other hand, contended that in the case mentioned by learned counsel for the petitioner, application for extension was filed by the Public Prosecutor after application for bail had been filed by the accused. In the present case, the application was filed earlier and also ....

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....n was moved one day prior to the deadline which did not absolve the prosecution of its duty to apply for extension a few days earlier. Undoubtedly, the fact that the application for bail was filed and the Public Prosecutor had moved for extension prior to that, is distinguishable from the reported case, yet Hon'ble the Supreme Court having categorically held that the order of extension coul....