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2014 (1) TMI 1946 - PUNJAB AND HARYANA HIGH COURTSeeking grant of regular bail - recovery of 50 bottles of “Rexcof” of 100 ml each having Chlorpheniramine Malteate IP-4mg. and Codeine Phosphate IP-10 mg. - alleged commission of an offence punishable under Section 22 of the NDPS Act - this application was filed on the ground that despite efforts made by the investigating agency the report of the Director Forensic Science Laboratory had not been received, thereby making it difficult to present the report under Section 173 Cr.P.C. within time - HELD THAT:- The application for extension of time for presenting the challan in the present case, only on the ground of non-reciept of the FSL report, without giving any reasons, as to why non-receipt of such report was sufficient cause for delay in the completion of investigation, would amount to non-application of mind, as is essential for seeking such extension of time by the public prosecutor, as has been held by the Supreme Court in Sanjay Kumar Kedia @ Sanjay Kedia vs. Intelligence Officer, Narcotic Control Bureau & another [2009 (8) TMI 1290 - SUPREME COURT] and Uday Mohanlal Acharya vs. State of Maharashtra [2001 (3) TMI 1032 - SUPREME COURT]. Though, it would be immaterial in the context of an application moved under Section 167(2) Cr.P.C., however, it is necessary to also mention that, upon enquiry from the learned State Counsel, Mr. Sidhu has stated, on instructions, that the petitioner is not a habitual offender. The petitioner would, consequently, be released on bail upon providing adequate bail and surety bonds to the satisfaction of the learned trial Court - petition allowed.
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