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TMI Blog2014 (4) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... is entitled to bail under Section 167(2) of the Code of Criminal Procedure if he makes an application for such purpose. However, under the Act, the maximum period of 90 days 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. The application preferred by the prosecution seeking extension of 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. There has been a noncompliance of the provisions contained in Section 36-A of the Act. The provision mandates a report of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Criminal Procedure had acquired an indefeasible right for grant of bail notwithstanding the grant of extension of time by the trial Court for completion of investigation and presentation of final report. Bail granted subject to conditions imposed - bail application allowed. - HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA. For the Appellant : Mr. D.S. Pheruman And Mr. K.S. Sidhu, Deputy Advocate General, Punjab. For 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State of Maharashtra, 1994(3) RCR (Criminal) 156 while dealing with the proviso inserted as clause (bb) in sub-section (4) of Section 20 of TADA which is parimateria with the proviso to sub- Section (4) of Section 36-A of the Act had categorically held that even though the proviso does not specifically mandate the issuance of a notice to the accused while seeking extension yet the issuance of a notice has to be read into the provision which would be, both, in the interest of the accused, as also the prosecution as well as for doing complete justice 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for seeking the detention of the accused beyond a period of 180 days. The reasons recorded by the trial Court in the order dated 12.03.2014 do not even advert to the conditions as provided for under Section 36-A(4) of the Act and as considered by the Hon'ble Supreme Court in Sanjay Kumar Kedia @ Sanjay Kedia Vs. Intelligence Officer, Narcotic Control Bureau and another, 2010(1) RCR(Criminal) 942. 9. This Court would have no hesitation in observing that the application submitted seeking extension of time for completion of investigation as also the order passed thereon by the Special Judge, Tarn Taran granting extension of three months have been done in a routine and mechanical fashion. 10 For the reasons recorded above, the petitioner i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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