(1.) Application for regular bail under Section 439 Cr.P.C.
(2.) The prosecution case, in brief, is that on 07/12/2019 at about 11:40 AM, the Police officers apprehended the accused near the goods shed yard of the Kallai Railway Station under suspicious circumstances, on search he was found to be in possession of 2830 capsules weighing 1750 grams of Spasmo Proxyvon containing Tramadol, commercial quantity of a psychotropic substance, violating the provisions of the NDPS Act . He was remanded consequent to his arrest and continues in judicial custody. The applicant had filed an application for statutory bail under Section 167 (2) Cr.P.C read with Section 36A(4) of the NDPS Act as Crl. M.P No.275/2020 before the Designated Court and the same was dismissed vide Annexure-2 Order. The final report in an NDPS case has to be filed within the statutory period of 180 days. There is no dispute that the final report in the instant case was filed on 16/03/2020 as evident from Annexure-1. The applicant would contend that the final report which was filed on time by the investigating officer, was return for curing some defect and subsequently, it was filed only after the expiry of the statutory period and hence the applicant ought to have been given the benefit of mandatory bail under Section 167 (2) Cr.P.C ., read with Section 36A(4) of the NDPS Act.
(3.) Heard Shri P.V. Anoop, the learned counsel appearing for the applicant and Shri C. N. Prabhakaran, the learned Senior Public Prosecutor. Records perused.