S.KUPPUSAMY Vs. STATE

JUDGEMENT

(1.) The petitioner (A1) in Crime No.7 of 2024 has filed the present criminal revision case seeking to set aside the order dtd. 11/7/2024 passed in Crl.M.P.No.7237 of 2024, whereby, the learned Principal Special Judge under the EC and NDPS Act cases, Chennai, dismissed the petition filed by the petitioner (A1) and allowed Crl.M.P.No.7059 of 2024 filed by the prosecution, seeking extension period to complete investigation under Sec. 36(A)(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").

(2.) Since the issue under consideration pertains to the grant of relief under statutory bail, the relevant facts of the case alone discussed for consideration of the above prayer.

(3.) The learned counsel for the petitioner contends that the respondent police had registered a case in Crime No.7 of 2024 for offences under Sec. 8(c) read with Ss. 22(c) and 29(1) of the NDPS Act, and the petitioner was arrested in connection with this case on 6/1/2024. The period of 180 days for completing the investigation ended on 3/7/2024. On the 181st day, i.e., 4/7/2024, the petitioner filed a statutory bail petition under Sec. 167(2) of the Cr.P.C. in Crl.M.P.No.7237 of 2024. On the 178th day, i.e., 1/7/2024, the prosecution filed Crl.M.P.No.7059 of 2024, seeking extension period to complete investigation under Sec. 36-A(4) of the NDPS Act. The trial Court erroneously dismissed the statutory bail petition, despite the fact that notice was served on the petitioner on the 180th day (3/7/2024) in the extension period petition. On the same day, the trial Court dismissed the statutory bail petition and granted an extension for the investigation.