2014 (12) TMI 1424

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....Distt. Jallandhar. Petitioner Sukha alias Sukhdev Singh along with one Sona Singh alias Sonu was found in possession of 60 jute bags containing poppy husk while carrying the same in canter having registration No. HR 037R-5482. Possession of such huge quantity of poppy husk falls within the category of commercial quantity. The application was made by the prosecution on 4.11.2014 seeking extension of time to present the challan as per the provisions of Section 36-A (4) of NDPS Act. The other application was made by the petitioner Sukha @ Sukhdev Singh under Section 167 (2) of Cr.P.C for grant of bail. Present application for extension of time was made on 4.11.2014 before the expiry of 180 days. The trial Court referred to a judgment passed by....

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.... above said Section makes it clear that if the investigation is not completed within a period of 180 days, extension of time up to one year can be granted on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused. In the present case the application for extension of time was filed by the Additional Public Prosecutor without the report of the Public Prosecutor. The report of the Public Prosecutor as per Section 36-A(4) is the essential requirement for granting extension of time. In the present case this report is not a part of the application and the reason given for extension of time is that the report of the Chemical Examiner has not been received and, ther....

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....tate of Punjab had observed as under: 10. In the present case also, the sole reason given in the application of the public prosecutor (Annexure P-3 with the petition), is that:"That I am satisfied that the investigating officer of this case made every effort to receive the report of the Director, Forensic Science Laboratory, Mohali. But the same was beyond his control, so the extension of above noted period for presenting the challan is very much necessary and the same may be extended in the interest of justice. Otherwise prosecution will suffer irreparable loss. It is therefore requested that the application may kindly be allowed in the interest of justice." 11. Keeping in view the contents of the application moved by the public prose....