9911796707
TMI Blog2014 (12) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... lic 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, therefore, the challan could not be presented. In the case of JEEVAN SHARMA @ VICKY VERSUS STATE OF PUNJAB [ 2014 (1) TMI 1946 - PUNJAB AND HARYANA HIGH COURT] , the reason for extension of time was being sought on the ground that the report of FSL, Mohali had not been received. Hon ble the Supreme Court in the case of SANJAY KUMAR KEDIA VERSUS NARCOTICS CONTROL BUREAU [ 2007 (12) TMI 9 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 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 this Court in the case of Shri Kant @ Rinku vs. State of Punjab in CRM-M No. 38619 of 2013, decided on 14.3.2014, wherein it was observed that extension can be given by the Court on the report of Public Prosec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor 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, therefore, the challan could not be presented. This Court in a number of judgments in the cases of Nardev Inder Singh vs. State of Punjab (Criminal Misc. No. M- 3339 of 2014) decided on 4.2.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atisfied 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 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 "ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
