RANGALAL MAVAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The impugned order dated 19th December, 2020, passed by Learned Additional District and Sessions Judge, Special Court, Tamluk, Purba Medinipur, in NDPS case being TR-(NDPS) 05/2020, extending the period of investigation under Section 36-A (4) proviso of Narcotic Drugs and Psychotropic Substances Act, and thereby rejecting the prayer of statutory bail for the petitioner (default bail) is the subject of challenge in this revisional application.

(2.) Petitioner was brought arrested on 27.06.2020 by Bhagawanpur P.S. for the alleged recovery of sixty three (63) kg. of Ganja, which was above the commercial quantity. During investigation the samples of the seized articles after necessary collection were forwarded for chemical examination. The report of the said examination could not be collected by the Investigating Officer in spite of sending reminder, even by D.O. for the purpose. The investigation of the case was almost completed, but it was due to the delay in completion of the report of expert, the charge-sheet could not be submitted against the petitioner/accused person.

(3.) On 17th December, 2020, the Investigating Officer of this case initiated a prayer for extension of statutory period of investigation for submission of charge-sheet. After receipt of such prayer, the learned court below proceeded to pass an order dated 17th December, 2020, directing the learned Public Prosecutor-in-charge to submit a report by 18th December, 2020, in justification of the prayer of Investigating Officer, as contemplated under Section 36-A (4) proviso of NDPS Act.