REHMAN ALAIS ABANG Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) This revision has been filed to call for the entire records in Crl.M.P.No.3271 of 2017 in R.R.No.9 of 2017 in F.No.DRI/CZU/VIII/48/ENQa/ INT-21/2017 on the file of the Honourable Principal Special Judge (NDPS Cases), City Civil Court, Chennai and set aside the same.

(2.) According to the petitioner, the respondent has filed an application for extension of the period of investigation as contemplated under Sec. 36-A(4) of the NDPS Act, 1985 and the same was filed by the Intelligence Officer and not by the Special Public Prosecutor, as per law. The learned Special Public Prosecutor had filed a report on 08.12.2017 and the same was submitted before the Court on 11.12.2017. On 13.12.2017, the petitioners were produced before the Principal Judge for NDPS Cases, City Civil Court, Chennai and it was informed before the Court that it was 181 days from the date of remand i.e. on 16.06.2017 and no charge sheet was filed by the respondent and an application for statutory bail under the provisions of section 167(2) of the Cr.P.c., 1973 Vide Crl.M.P.No.3271 of 2017 was filed before the trial Court and the same was accepted and directed the prosecution / respondent to file its counter on 15.12.2017 stating that the respondent had taken out an application for extending the time for investigation and the charge sheet was filed in application No.3437 of 2017 and posted both the applications on 15.12.2017 for counter and disposal. The respondent filed remand application for the alleged offences under section 8 C and 9(a) of the NDPS Act and Sections 21 to 23, 25A, 28 and 29 of the NDPS Act and no report was filed by the Special Public Prosecutor for the detention of the accused beyond the statutory period of 180 days. No order for extension of investigation was passed by the trial Court till 13.12.2017 and on the same day, the copies were served on the accused only after the expiry of 180 days. Therefore, the present criminal revision is before this Court.

(3.) The learned counsel for the respondent would submit that the petitioner has filed the petition in Crl.M.P.No.3271 of 2017 in R.R.No.09/2017 on the file of the learned Special Judge, Principal Special Court, Chennai and the same was dismissed, which reads as follows: