MIDHUN Vs. STATE OF KERALA

JUDGEMENT

(1.) These Crl.M.C. Nos.2712/2021 and 2901/2021 are filed under Section 482 of the Code of Criminal Procedure, 1908, the Cr.P.C. for short, seeking to quash the order of the Special Court for trial of NDPS Act cases in Manjery dated 31.03.2021, whereby the learned Special Judge, on the basis of a report made by the Public Prosecutor seeking extension of two months' time for investigation under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as 'the Act'), was allowed. In both these Crl.M.C.s, the correctness of the order dated 31.03.2021 is under challenge.

(2.) The petitioners in Crl.M.C.No.2712/2021 are accused Nos.2 and 3 in crime No.26/2020 of the Excise Enforcement and Anti-Narcotics Special Squad, Malappuram. Now the investigation of the case is in progress and the accused are in custody.

(3.) Bail Application No.3850/2021 is an application under Section 439 of the Cr.P.C. moved by the petitioners in Crl.M.C.No.2712/2021 seeking their release on bail. They contend that they are in judicial custody from 03.10.2020 onwards, that for over the last more than eight months they are in judicial custody, that the investigation has progressed considerably and therefore, their continued detention is unnecessary.