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by sayum
02 October 2026 7:11 AM
Chandigarh, 7th July 2023 - In a recent judgment, the High Court of Punjab and Haryana upheld the extension of investigation time and the denial of default bail in a narcotics case. The judgment, delivered by Hon'ble Mr. Justice Deepak Gupta, addressed two petitions arising from the same proceedings related to an FIR registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The petitioners had challenged the order extending the time for presenting the final report under Section 173 of the Criminal Procedure Code (Cr.P.C.) and the rejection of their default bail applications filed under Section 167(2) of the Cr.P.C.
Justice Deepak Gupta, in the judgment, emphasized the importance of the Public Prosecutor independently applying his mind and submitting a report indicating the progress of the investigation and compelling reasons for seeking detention beyond 180 days. The court noted that the Public Prosecutor had fulfilled these requirements and had served notice to the accused.
The court further examined the non-receipt of the Forensic Science Laboratory (FSL) report as a compelling reason for the extension. It held that the investigating agency had made efforts to obtain the report within the prescribed time and the non-receipt of the report was beyond their control. Therefore, the court found the extension of time justified.
"The investigating agency cannot be faulted for not filing the challan due to non-completion of investigation for want of FSL report. Once all the necessary steps had been taken by the investigating agency, it was certainly a compelling reason for them for not filing the challan within 180 days," stated Justice Deepak Gupta in the judgment.
Consequently, the court upheld the order extending the time for investigation and the denial of default bail, stating that the petitioners were rightly declined default bail as the time for investigation had been extended.
Date of Decision: 07.07.2023
Amit vs State of Haryana
