NAZIR AHMAD SANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are arrayed as accused in Crime No.2 of 2015 registered at the office of Customs, Narcotic Cell for offences punishable under Sections 21(b), 23(b) r/w. 8(c) of N.D.P.S. Act. The applicant in Bail Application No.2321 of 2015 was arrested on 9.3.2015 and he was produced before the Special Court, Pune on 10.3.2015, whereas the applicants in Criminal Application No.1161 of 2015 were arrested on 10.3.2015 and were produced before the Special Court, Pune on 11.3.2015. They were remanded in custody from time to time. The period of 180 days for completion of investigation in respect of the applicant Nazir in Bail Application No.2321 of 2015 was to expire on 6.9.2015, whereas the said period in respect of the applicants in Criminal Application No. 1161 of 2015 was to expire on 7.9.2015.

(2.) By report dated 1.9.2015 filed under Section 36A (4) of the N.D.P.S. Act, the Special Public Prosecutor sought extension of three months for completion of investigation. Upon hearing the prosecutor and the Advocate for the accused, the learned Special Judge by order dated 1.9.2015 granted extension for period of four days.

(3.) The applicant in Bail Application No.2321 of 2015 and the applicants in Criminal Application No. 1161 of 2015 filed separate applications for bail dated 15.9.2015 being Application Nos. 3036 of 2015 and 3037 of 2015 under Section 36A(4) of N.D.P.S. Act r/w. 167(2) of Cr.P.C. Both these applications were dismissed by common order dated 13.10.2015. Consequent thereto, the applicant Nazir Sange has filed Bail Application No. 2321 of 2015, whereas the applicants in Criminal Application No.1161 of 2015 have challenged the order of extension dated 1.9.2015 and have further sought release on bail.