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2014 (12) TMI 1424 - HC - Indian LawsDismissal of bail application of the petitioner filed under Section 167 (2) of Code of Criminal Procedure - possession of 60 jute bags containing poppy husk - HELD 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, 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 - SUPREME COURT] held that under Section 36-A (4) of the Act, extension could be given by the Court on the report of the Public Prosecutor indicating he progress of the investigation and the specific reasons for the detention of the accused beyond the said period of 180 days. In the present case, no such report of the Public Prosecutor was attached with the application. Hence, the application for extension of time was wrongly allowed as the petitioner had a right to be released on bail as per Section 167(2) of the Criminal Procedure Code. Order dated 10.11.2014 passed by Judge, Special Court, Jalandhar is set aside. The petitioner is enlarged on bail subject to the satisfaction of the Chief Judicial Magistrate/Illaqa Magistrate, Jalandhar - petition allowed.
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