ANSAR ALI PIYADA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner seeks bail on the ground of default in filing charge-sheet within time prescribed under Sec. 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Learned Advocate appearing for the petitioner submits that the petitioner was arrested on June 30, 2021. The petitioner was produced before the jurisdictional Court on July 1, 2021. According to him, 180 days from the date of the arrest expired on December 26, 2021. The application for extension of time to submit the charge-sheet was filed on December 23, 2021. The petitioner applied for bail on January 3, 2022.

(3.) The Court considered the application for extension of time to submit the charge-sheet filed on behalf of the prosecution on December 23, 2021 along with the application for bail filed on January 3, 2022 and disposed both of them by a common order dated January 5, 2022. The Court extended the time for filing the charge-sheet. The prayer for bail was rejected. He refers to the judgment 2009 (17) SCC 631 (Sanjay Kumar Kedia @ Sajay Kedia vs. Intelligence Officer, Narcotic Control Bureau and Anr.) and submits that the jurisdictional Court failed to take into account the four parameters laid down therein and proceeded to pass the order of extension mechanically. The petitioner is, therefore, entitled to default bail.