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2022 Supreme(P&H) 219

KARAMJIT SINGH
Rohtash @ Raju – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Aditya Sanghi, Advocate; for the Petitioner.; Mr. Gaurav Bansal, Aag, Haryana.

JUDGMENT

Karamjit Singh, J. (Oral) - The petitioner is seeking default bail in criminal case having FIR No.336 dated 22.09.2021 under Sections 22-C/27A NDPS Act, Police Station Sadar Dabwali.

2. The counsel for the petitioner contends that as per the prosecution version, the petitioner was arrested and presented in the court on 23.09.2021 and the challan was presented against the petitioner on 17.03.2022 by the police. The counsel further contends that the said challan was without the FSL report and therefore, is to be considered as incomplete challan. The counsel for the petitionerfurther contends that no application was moved by the public prosecutor or additional public prosecutor, as per the provisions of Section 36A(4) NDPS Act seeking extension of time to complete the investigation in the present case. The counsel further contends that as per prosecution such an application, Annexure P-2, was filed on 17.03.2022 and indisputably same was allowed by the trial Court vide order dated 31.03.2022, Annex. P-l. The counsel further contends that for seeking extension of time, the public prosecutor after an independent application of mind to the request of the investigating agency, is r

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