SIMON R. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) In connection with Tura P.S. Case No. 30 (04) of 2018 under Sections 21(b)(c)/33(c)/27(a)(b) of the NDPS Act, petitioner has been apprehended on 12.04.2018. The final report under Section 173 CrPC i.e., charge sheet has not been presented within the statutory period as a result whereof, the petitioner has filed an application for, grant of bail in default, before the court of the learned Special Judge (Sessions Judge), West Garo Hills, Tura.

(2.) Learned Special Judge vide order dated 12.10.2018 has not effectively considered the application and simply remanded the accused to judicial custody.

(3.) The petitioner has filed the instant petition stating that his indefeasible right to bail is being denied whimsically. Buttressing the submission would submit that in terms of Section 36A(4) of NDPS Act, the accused was entitled to be released for non-production of charge sheet within period of 180 days. His contention is that firstly, the substance recovered does not fall within the ambit of narcotic, even if falls, still in case of commercial quantity, maximum period for filing charge sheet is 180 days, that period has expired on 8.10.18. The petitioner filed an application on 12.10.18, neither that application has effectively been disposed of, nor till date the investigation has been completed, charge sheet (challan) as such has not been filed. Learned counsel for the petitioner has rightly placed reliance on the judgement rendered by the Hon'ble Apex Court in the case of Rakesh Kumar Paul Vs. State of Assam: 2017(5) GLT (SC) 1: (2017) 15 SCC 67. Paragraph 46 is relevant to be quoted: