LAWS(KER)-2013-8-54

SAJI Vs. STATE OF KERALA

Decided On August 19, 2013
SAJI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER is the sole accused in crime No.01/2013 of Excise Enforcement and Anti-Narcotic Special Squad, Kollam, registered for the offences punishable under Section 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, for short 'the NDPS Act'.

(2.) PETITIONER was found in possession of 130 ampules of Buprenorphine, a psychotropic substance, each ampules containing 2 ml on 23.01.2013, at 12:00 noon by an Excise party is the allegation. On his arrest and seizure of contraband he was produced before the court and then remanded to judicial custody.

(3.) I heard learned counsel for petitioner and also learned public prosecutor. No application was moved by public prosecutor seeking extension of time for investigation, is the submission of learned counsel for petitioner. Annxure-B Order was passed declining bail only on the basis of oral submissions of public prosecutor resisting the application., according to counsel. Learned public prosecutor submits that on the same day an application had been moved by the investigating officer, with an endorsement made on such application by public prosecutor, seeking extension of time. Though learned sessions judge has not adverted to the application moved since such an application had been filed, in effect, there was a request for extension of time as contemplated under Section 36 A (4) of the NDPS Act, is the submission of learned Public Prosecutor.