NAIMUDDIN LASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner seeks default bail in connection with Sankrial Police Station Case No.862 of 2020 dated September 21,2020under Sec. 20(b)(ii)(c) of the Narcotic Drug and Psychotropic subtances Act, 1985.

(2.) Learned Advocate appearing for the petitioner submits that the petitioner is entitled to default bail in terms of Sec. 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He submits that the petitioner was arrested on September 21, 2020. 180 days from September 21, 2020 expired on March 20, 2021. A put up petition was filed on March 19, 2021 at the behest of the State whereupon, the learned Judge extended the time in terms of Sec. 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 without notice to the petitioner. He refers to (2009) 17 SCC 631 (Sanjay Kumar Kedia @ Sanjay Kedia vs. Intelligence Officer, Narcotics Control Bureau and Anr.) and submits that the petitioner as the accused was entitled to notice of the application for extension of time made under Sec. 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985. No notice of such application being given, the order extending time of Sec. 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is a nullity. He refers to (2019) 5 SCC 178 (State of Maharashtra vs. Surendra Pundlik Gadling& Ors.) and submits that the application for extension was filed by the Investigating Officer and not by the Public Prosecutor and, therefore, the application itself was bad in law. The learned Judge erred in law in entertaining such an application and passing an order of extension thereon.

(3.) Relying upon (2016) 4 C CR. LR (Cat 535 (Moraful Saikh @ Morful Saikh) he submits that in the facts of the present case since there is a default in filing an application for extension within 180 days and since the order extending time passed on March 19, 2021 is a nullity, there was no charge-sheet within the prescribed time period of 180 days. Relying upon 2021 (5) SCALE 346 (Fakhrey Alam vs. The State of Uttar Pradesh), learned Advocate appearing for the petitioner submits that default bail is a fundamental right of the accused.