SUKUMAR SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner seeks bail in connection with Dinhata Police Station Case No. 505/2020, dated 28.12.2020 under Ss. 20(b) (ii) (B)/21 (c) of the NDPS Act.

(2.) It is not in dispute that the petitioner along with three other persons were arrested on December 28, 2020. The charge-sheet was not submitted before the Learned Trial Court within the statutory period of 180 days from the date of arrest. 180 days was due to expire on June 27, 2021. On June 23, 2021, the Investigating Officer made a written prayer to the Court of Learned Additional Sessions Judge, Sadar Court, Cooch Behar for extension of time by three months for completion of the investigation of the case. The said application was forwarded by the Public Prosecutor-in-charge to the Learned Court. It appears that on June 25, 2021, the Learned Trial Court extended the time period for completing investigation by two months from the date of the expiry of the initial period of 180 days.

(3.) The petitioner says that the Public Prosecutor, without application of mind, merely forwarded the prayer of the Investigating Officer for extension of time to the Learned Court. This was not in accordance with the provision of Sec. 36 A(4) of the NDPS Act. Hence, the extension that was granted by the Learned Court was invalid in law and the petitioner is entitled to statutory bail.