ABDUL NAZEER Vs. STATE

JUDGEMENT

(1.) The facts are that on 18-12-1993, while a Maruti car driven by the petitioner herein along with three others was intercepted by the respondent and checked up, it was found to contain contraband of 5 kgs. of Ganja, a substance notified under the N.D.P.S. Act, and 15 bags of illicit distilled arrack chests, which were seized under the cover of Mawhazar followed by the interrogation and recording the statement of the petitioner and securing of the other three accused subsequently. A case was registered for the offence under Section 20(b) of the N.D.P.S. Act and under Section 4 of the Tamil Nadu Prohibition Act by the respondent and the case is being investigated. The only contention strenuously placed before me, by Mr. Krishnamurthy, learned counsel appearing on behalf of the petitioner is that, though the petitioner was arrested on 18-121993 and committed to judicial custody, till now the respondent has not completed the investigation and laid the final report within the maximum period of 90 days as contemplated under Section 167(2) of the Code of Criminal Procedure, and that therefore, the petitioner is entitled to be released on bail automatically, and that in support of the said contention, the Bar has relied on the case laws held by the Supreme Court also.

(2.) Mr. Regupathi, learned Additional Public Prosecutor, while admitting the factual aspects of the case and the position of law as culled out from the various provisions of the Code, would submit that, though the Code of Criminal Procedure has fixed the maximum period for the remanding of the accused for the offence punishable for more than ten years as 90 days, within which time the investigation is to be completed that does not automatically give a right to any accused to go on bail as a matter of right or legality. However, releasing him on bail is subject to the provisions of law provided under the special statute. Therefore, the learned Additional Public Prosecutor objects the bail very strenuously.

(3.) In the light of the above position, the only point that arises for consideration in this case is, as to whether in the context of the respondent investigating agency has not filed the charge sheet within the maximum period of 90 days, the petitioner is entitled to be released on bail automatically as provided under Section 167(2) of the Code?