EMADUL GAZI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this case was arrested and produced before the Ld. Chief Judicial Magistrate, Barasat, 24 Parganas (North) on 27th June, 2015 in connection with Baguiati Police Station Case No. 552 of 2015 of that date under Sec. 20(b) (i) of the N.D.P.S. Act, 1985. He remained in detention in excess of the statutory period of sixty days prescribed in terms of the proviso (ii) of Sec. 167 (2) of the Code of Criminal Procedure.

(2.) The designated Court on 29th August, 2015 i.e. three days after the petitioner had remained in detention beyond the statutory period, allowed his application for bail. However, before he could furnish the bail bond on the very next date (30th August, 2015) which incidentally was a Sunday, the Charge Sheet No. 710 of that date was submitted against him in the Court of the Learned Chief Judicial Magistrate, 24 Parganas (North).

(3.) The Chief Judicial Magistrate forwarded the same to the designated Court, which received it on the following day i.e., 31st August, 2015, and took cognizance under Sec. 21 (b) of the N.D.P.S. Act.