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2015 Supreme(P&H) 362

TEJINDER SINGH DHINDSA
Sukhdev Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Ashish Aggarwal, Advocate.
For the Respondent: Mr. Nikhil K. Chopra, D.A.G., Punjab.

JUDGMENT

Mr. Tejinder Singh Dhindsa J.: - This order shall dispose of the instant petition filed under Section 439 Cr.P.C praying for grant of regular bail to the petitioner in case FIR No.190 dated 29.5.2014, under Section 21/22/61/85 of the Narcotic Drugs & Psychotropic Substances Act (for short ‘the Act’), registered at Police Station City Tarn Taran, District Tarn Taran.

2. The petitioner was arrested on 29.5.2014 and as per prosecution version, an alleged recovery of 500 grams of heroin and 1 kg. of intoxicant powder was effected from him.

3. Learned counsel for the parties have been heard at length.

4. Under Section 167 of the Code of Criminal Procedure Criminal and under its various sub-sections, the maximum period beyond which a person cannot be detained while investigation is under way has been provided and the same varies between 60 to 90 days keeping in view the gravity of offence. If the investigation is not completed within such stipulated period, the accused is entitled to bail under Section 167(2) of the Code of Criminal Procedure if he makes an application for such purpose. However, under the Act, the maximum period of 90 days fixed under Section 167(2) of the Code o








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