CRR-19-2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(224)

CRR-19-2021

Date of decision: 12.08.2021

Palwinder Singh alias Laddi

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:- Mr. Arshdeep Singh Brar, Advocate

for the petitioner.

Mr. Sandeep Singh Deol, DAG, Punjab.

...

SUVIR SEHGAL, J. (Oral)

Heard through Video Conferencing.

Vide instant revision petition, the petitioner has assailed order

dated 15.12.2020 passed by Special Court, Moga whereby application filed

under Section 167 (2) of the Code of Criminal Procedure, 1973 (for short

“Cr.P.C.”) claiming default bail has been dismissed.

As per the case of the prosecution, during the course of

investigation of FIR No.58 dated 30.03.2020 registered under Section 307,

323, 186, 353, 188, 269, 270, 341, 148, 149 and 120-B of the Indian Penal

Code, 1860, statement of Palwinder Singh @ Laddi, present petitioner, was

recorded wherein he stated that he had kept Heroin in his Verna Car, which

was parked at his residence. On the basis of information received from him,

KAMAL SHARMA

2021.08.18 18:24

I attest to the accuracy and

integrity of this document

CRR-19-2021

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recovery of 260 grams of heroin was made and FIR No.123 dated

17.06.2020 was registered for offence under Section 21 (Section 29 was

added later on) of the Narcotic Drugs and Psychotropic Substances Act,

1985 (for brevity hereinafter called “the NDPS Act”) at Police Station

Dharamkot, District Moga. The petitioner was arrested on 17.06.2020.

Counsel for the petitioner has contended that in terms of the

provisions of Section 167(2), Cr.P.C. read with Section 36-A (4) of the

NDPS Act, the period prescribed for presentation of the police report was

available to the investigation till 14.12.2021. Though the challan was

presented with the Ahlmad on 12.12.2020, yet it was not registered till the

filing of the application by e-mail seeking default bail on 15.12.2020 and

the petitioner deserves to be released on compulsive bail. The factual

aspect has been controverted by the State counsel, who on the basis of an

affidavit of Deputy Superintendent of Police, Dharamkot, District Moga,

filed by way of reply, has asserted, that the presentation of the challan was

done before the Court within the prescribed period.

Counsel for the parties have been heard.

In order to ascertain the factual position, vide order dated

12.07.2021, this Court called for a report from the trial Court, which has

been received vide No. 213 dated 10.08.2021. Its relevant extract is

reproduced as under:-

“I have the honour to submit that bail application

under Section 167 (2) Cr.P.C. in the above noted case was

filed through e-mail on 15.12.2020 as is reflected in order

KAMAL SHARMA

2021.08.18 18:24

I attest to the accuracy and

integrity of this document

CRR-19-2021

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dated 15.12.2020 passed by Ld. Predecessor of this Court. As

per judicial file, the challan in the case was presented before

the Learned Judge, Special Court, Moga on 12.12.2020 at

12:05 P.M. As per endorsement made over the challan by

Learned Predecessor of this Court, report of Ahlmad was

called for 15.12.2020, who made the report with regard to

correctness of challan on 15.12.2020 and it was verified and

entered in the CIS System at 10:41:50 A.M. and was allocated

on the same date at 10:56:42 A.M. and thereafter was

registered at 10:57:41 A.M. as is reflected in database entry

on CIS. The bail application under Section 167(2) of Cr.P.C.,

as per acknowledgment slip, was filed on 15.12.2020 at

10:12:15 A.M. The challan was presented on 12.12.2020

before the Court and was registered on 15.12.2020 at

10:41:50 A.M. The copy of database entries and copy of index

of report under Section 173 Cr.P.C. as well as

acknowledgment slip of bail application are enclosed herewith

for kind perusal.

Report