NAGARAJ Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision has been filed by the petitioner against the order of the learned Presiding Officer/Additional District Cum Sessions Judge, the Special Court for Essential Commodities Act Cases, Coimbatore dated 18.11.2003 and made in Crl.M.P.No.1145 of 2003.

(2.) THE brief facts of the case are as follows: THE petitioner/accused was remanded to custody on 20.5.2003 for the offences under section 8 (c), 20(b)(i)(c) and Section 25 of THE Narcotic Drugs and Psychotropic Substances Act, 1985. It is significant to note that as per the said Act, the accused can be remanded to custody for a period of 180 days by which time charge sheet to be filed, but if the prosecution files an application for extension of remand mentioned the stage of the investigation, then the court can extend the remand. In this case the petitioner herein was found in possession of 825kg of 'Kanja' and he belongs to Devaram of THEni District . On 20.5.2003 he was remanded to custody. THE period of 180 days as per Section 161(2) Cr.P.C., will be over by 16.11.2003. But before the expiry of the said 180 days period, the respondent police filed a petition under Section 36A(4) of the said Act stating that the investigation is not yet completed and they are awaiting the chemical analysis report and as soon as they receive the report they will file the charge sheet. Relying on such report of the investigation officer filed through the Public Prosecutor, the petition for bail was dismissed. Even though the 180 days period is over only on 16.11.2003, even two days earlier i.e., on 14.11.2003, application has been filed under section 36A(4) of the Act for extension of remand of the petitioner. Based on such report of the prosecution, the learned Additional District cum Sessions Judge/Presiding Officer, Special Court for Essential Commodities Act cases, Coimbatore had extended the remand and dismissed the application for bail. In such circumstances, I do not find any defect or irregularity in the order of the learned Judge of the Special Court. Hence the Crl.R.C. is liable to be dismissed and accordingly it is dismissed. Consequently the connected Crl.O.P. and Crl.M.P. are also dismissed.