IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Misc. Petition No.M-4873 of 2009 (O&M) Date of Decision: 6.10.2009 Naib Singh and another. ....... Petitioners through Shri S.S.Sidhu, Advocate. Versus State of Punjab. ....... Respondent through Shri B.B.S.Teji, Assistant Advocate General. CORAM: HON'BLE MR.JUSTICE MAHESH GROVER .... 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? .... Mahesh Grover,J. This is a petition under Section 439 of the Code of Criminal Procedure,1973 (for short, `the Cr.P.C.') for grant of bail to the petitioners in a case registered vide F.I.R.No.78 dated 2.8.2008 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act,1985. The petitioners were arrested on 2.8.2008 and the challan was presented on 3.2.2009 when the period stipulated under Section 167(2) of the Cr.P.C. already stood expired on 30.1.2009. Learned counsel for the petitioners has contended that on account of failure of the investigating agency to present the challan in the Crl.Misc. Petition No.M-4873 of 2009 (O&M) -2- .... Court within the stipulated period, an indefeasible right accrued in favour of the petitioners to be released on bail, but the trial Court has declined the same. He placed reliance on a judgment of the Supreme Court in Uday Mohanlal Acharya Versus State of Maharashtra, 2001(2) R.C.R. (Criminal) 452 and a Single Bench judgment of this Court in Jaswinder Singh and another Versus State of Punjab, 2005(2) R.C.R.(Criminal) 663 to contend that the petitioners were certainly entitled to be released on bail in view of the failure of the investigating agency to present the challan against them within the stipulated period. On the other hand, learned counsel for the respondent-State did not effectively controvert the position of law as has been enunciated in the above mentioned judgments. Having regard to the aforesaid and the provisions of Section 167(2) of the Cr.P.C. , the instant petition is accepted and the petitioners are directed to be enlarged on bail subject to the satisfaction of the Chief Judicial Magistrate, Bathinda as such a right cannot be taken away. September 06,2009 ( Mahesh Grover ) “SCM” Judge