SADANAND ALIAS BHUI CHIMULKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. By consent of the learned Counsel for the parties heard forthwith.

(2.) By this petition under Article 227 of the Constitution of India read with section 482 of Criminal Procedure Code (the Code' for short), the petitioner challenges the order dated 29th December, 2010 passed by the Special Judge, N.D.P.S. Court, Mapusa (the Special Court' for short) granting applications dated 7th September, 2010 and 3rd November, 2010 for extension of time for filing the charge-sheet under the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act' for short) and rejecting bail application filed by the petitioner.

(3.) On 13th January, 2010, the petitioner was arrested on the allegation that he was found in possession of 34 grams of ecstasy tablets, 26 grams of MDMA, 17 grams of co-cain and 6 ml LSD and offence vide Crime No. 2/2010 under section 21(b) and 22(c) of the Act was registered in the Anti Narcotic Cell Police Station, Panaji. Since the period of 180 days in filing charge-sheet was expiring on 11th July, 2010, the respondent sought extension for a period of 60 days which was granted. The said period was to expire on 8th September, 2010., Before the expiry of the said period, an application was made for extension of time which was granted by order dated 7th September, 2010. In the meantime, the petitioner had filed an application for bail which was also dismissed by order dated 20th September, 2010. The petitioner filed Writ Petition No. 83/2010 challenging the said orders. In the meantime, the respondent again sought extension of time to file charge-sheet which was granted by order dated 3rd November, 2010. The said order was also challenged in Writ Petition No. 83/2010. Vide order dated 21st December, 2010, this Court allowed Writ Petition No. 83/2010 and quashed and set aside the orders dated 7th September, 2009 and 3rd November, 2010 primarily on the ground that before granting extensions, the petitioner was not heard. The petitioner was given an opportunity to file fresh application for bail.