Mr. Kuldip Singh, J. (Oral) - 5 kg. opium is alleged to have been recovered from the petitioner on 14.6.2014 and he was booked and arrested on the same day under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the Act’) by the Fatehgarh Sahib police. FIR No. 106 dated 14.6.2014 was registered at Police Station Fatehgarh Sahib, under Section 18 of Act. The statutory period of 180 days in presenting the challan in Court elapsed on 10.12.2014. However, on 9.12.2014, the prosecution had moved an application for extension of time under Section 36(A) of the said Act to present the challan. In the meanwhile, the accused filed an application for bail on 12.12.2014. Both the applications were decided by the learned Special Judge, Fatehgarh Sahib, on 17.12.2014. The time for presenting the challan was extended by 90 days and the bail application of the petitioner under Section 167(2) Cr.P.C. was dismissed.

2. I have heard learned counsel for the petitioner, learned Deputy Advocate General for the State and have also carefully gone through the file.

3. Learned counsel for the petitioner contends that the time could not be extended retrospectively. Th