JUDGMENT Mr. Jaspal Singh, J (Oral) - This is a petition under Section 439 Cr.P.C. read with Section 167(2) Cr.P.C. for grant of regular bail to the petitioner in case FIR No.2 dated January 3, 2014 under Section 22 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (for short, ‘Act’), Police Station, Sadar, Faridkot. 2. It is an undisputed fact that the petitioner was arrested on January 3, 2014 for allegedly found in possession of 20 bottles of Recodex ®X and 18 strips of Carisoma tablets. A period of 180 days expired on June 30, 2014. However, an application was moved on June 25, 2014 under Section 36-A(4) of the Act seeking extension of time to present the challan and that application was allowed by learned Special Judge vide order dated September 20, 2014. 3. In the interregnum, application under Section 167(2) Cr.P.C. was moved on August 22, 2014 claiming that an indefeasible right has accrued to the petitioner for bail, though, application was also kept pending by learned Special Judge. While granting extension for presentation of challan to the prosecution vide order dated September 20, 2014, application moved by the petitioner under Section 167(2) Cr.P.C. was dismissed. 4. In case Union of India vs. Nirala Yadav, [2014(4) Law Herald (SC) 2942] : 2014(8) SCALE 9, the Hon’ble Apex Court has categorically observed that in case of non presentation of challan within the prescribed period or in the extended period, an indefeasible right accrues and that right cannot be defeated by delaying adjudication of application under Section 167(2) Cr.P.C. 5. The instant case is squarely covered by the dictum of aforesaid decision in Nirala Yadav’s case (supra). In this case, relevant date is August 22, 2014 on which an application under Section 167(2) Cr.P.C. was moved. At that time, no extension was granted to the prosecution by the Special Judge. Subsequent grant of extension of time for presentation of challan would not defeat the right of the petitioner. 6. In the light of what has discussed above, the petition is allowed. The petitioner is ordered to be released on bail on furnishing bail/surety bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Faridkot. ---------0.B.S.0------------ —————————