V.NAASAR Vs. STATE

JUDGEMENT

(1.) The Criminal Revision Case has been filed challenging the impugned order dtd. 7/12/2022 passed in Crl.M.P.No.6142 of 2022 by the Principal Special Court under EC and NDPS Act, Chennai.

(2.) The learned counsel for the petitioner contended that the respondent police has registered a case in Crime No.190 of 2022 against this petitioner along with others, in which, the petitioner is the fifth accused, for the offences punishable under Ss. 9A, 22(c) and 25A of the Narcotic Drugs and Psychotropic Substances Act, 1985. In this regard, the respondent police arrested the petitioner and remanded to Judicial custody on 1/6/2022. In respect of the same, the respondent police have to file a final report within 180 days but they failed to file a final report. Therefore, the petitioner filed a statutory bail petition in Crl.M.P.No.6142 of 2022 under Sec. 167 (2) Cr.P.C. before the Principal Special Court under EC and NDPS Act. That petition was dismissed by the trial Court on 7/12/2022 on the ground that the respondent police had filed a petition on 178th day i.e. 25/11/2022 under Sec. 36A(4) of the NDPS Act for extension of time for filing a final report and the same is pending before this Court. Subsequently, the Trial Court dismissed the petition seeking extension of time for filing the final report on 4/1/2023. Under these circumstances, the petitioner is entitled to statutory bail. Hence, the present criminal revision case.

(3.) The learned Government Advocate (Crl.side) conceded that the petition for extension of time for filing the final report filed by the respondent police in Crl.M.P.No.6036 of 2022 was dismissed by the trial Court on 4/1/2023.