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TMI Blog2014 (3) TMI 1220X X X X Extracts X X X X X X X X Extracts X X X X ..... nsion of time beyond 180 days of custody of the accused. While dealing with the same matter, the said co-ordinate Bench in JEEVAN SHARMA @ VICKY VERSUS STATE OF PUNJAB [ 2014 (1) TMI 1946 - PUNJAB AND HARYANA HIGH COURT] had observed Keeping in view the contents of the application moved by the public prosecutor for extension of time, I find that the matter would be squarely covered by the ratio of the law laid down in Sanjay Kumar Kedias' case, as extension of time for presentation of challan was obviously sought on similar grounds as given in the case before the Apex Court, wherein such reason has been held to be not good for grant of extension of time. Right to be released on bail under proviso to Section 167(2) Cr.PC is indefeasible. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the report under Section 173 Cr.PC within the stipulated period and his application for bail was wrongly rejected on 21.9.2013 vide which time to file report under Section 173 Cr.PC, was wrongly extended by the Court. 2. The petitioner is cited as an accused. 45 bottles of Rexcof each weighing 10 ml. and 20 strips of Parvan Spas Capsules, each strip having 10 capsule (total 200 capsules), were allegedly recovered from the petitioneraccused. 3. The claim of the petitioner is contested by respondent-State. It is averred that the investigating officer had made every effort to get the report from the Forensic Science Laboratory, Mohali (hereinafter mentioned as the Laboratory) but he could not succeed as it was beyond his control and conseque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling of report under Section 173 Cr.PC, has legislatively been increased to 180 days for certain category of offences under the Act. The proviso appended to Section 36A(4) authorizes yet further period of detention of the accused by extension of time for furnishing final report under Section 173 Cr.PC. This period in total may go upto one year. The only rider, however, is that the conditions stipulated by the said proviso, are complied with. 7. Submission of final report under Section 173 Cr.PC can be postponed beyond 180 days in cases of certain type of cases under the Act referred to in the stated proviso itself. This extension beyond 180 days is not automatic. Process of such extension starts when report of the Public Prosecutor (indicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication under Section 167(2) Cr.PC read with Section 36A(4) of the Act was moved by the petitioner before the trial court on 12.9.2013 mentioning therein that even after expiry of more than 180 days, the challan had not been presented in the case. Notice of this application was given to the State on 13.9.2013 for 17.9.2013 on which date the case was adjourned to 21.9.2013 for report of the investigating officer. When the matter was taken up for consideration by the Special Court on 21.9.2013, during the course of arguments, it came to the knowledge of the petitioner that even the prosecution had moved an application for extension of time. 10. Perusal of this paper book reveals that an application under Section 36A(4) of the Act for extensio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not been received. 13. Sample for chemical analysis was sent to the said laboratory on 15.3.2013. Though application moved by the prosecution has a mention therein that a reminder was also issued to the laboratory, but particulars thereof are missing. When such reminder was sent, what action was taken thereon and what efforts were made for obtaining the report within time from the laboratory, are the particulars which are completely missing. There is absolutely no effort shown to have been made by the investigating officer by sending any reminder after two months or so for seeking analysis report for preparing the challan as otherwise, the entire investigation was almost complete. Had some efforts been made at the level of the investigatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed. While dealing with the same matter, the said co-ordinate Bench in CRM-M No.41673 of 2013 decided on 15.1.2014 titled Jeevan Sharma @ Vicky v. State 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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