IMPORTANT POINT
Challan presented on April 3, 2014, indefeasible right accrued on expiry of 180 days on March 23, 2014 could not have been defeated by merely filing application under S. 34A(4) of NDPS Act on March 14, 2014.

JUDGMENT (ORAL)

M.M.S. Bedi, J.— This order will dispose of a petition for grant of regular bail pending trial by three accused Sahib Singh, Bhupinder Singh and Balihar Singh. They were apprehended on the allegation of having found in possession of 3 bags of poppy husk total weighing 150 kg on September 24, 2013. 180 days in custody expired on March 23, 2014. Prosecution agency had filed an application for extension of time to present challan on March 14, 2014. On expiry of 180 days, petitioners moved an application under Section 167(2) Cr.P.C. on March 26, 2014. Challan in this case was presented on April 3, 2014 after expiry of period of 180 days.

2. It is an admitted fact that by April 3, 2014, no order of final or interim extension was passed on the application filed by the prosecution agency. An indefeasible right accrued to the petitioners could have been defeated, had the prosecution agency obtained extension in accordance with the parameters laid down in the judgment of the Apex Court in Sanjay Kumar Kedia @ Sanjay Kedia v. Intelligence Officer, Narcotic Control Bureau, 2009(17) SCC 631. After presentation of challan, the trial Court had allowed the application under Section 36A (4) of the ND PS Act on April 10, 2014. The said order will be operative w.e.f. April 10, 2014.

3. Suffice it to observe that when the challan was presented on April 3, 2014, the indefeasible right accrued on expiry of 180 days on March 23, 2014 could not have been defeated by merely filing an application under Section 34A(4) of the NDPS Act on March 14, 2014.

4. In view of the above, the petition is allowed. Petitioners are ordered to be released on bail on their furnishing bail bonds/surety bonds to the satisfaction of the trial Court.

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