MD ISRAIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application has been filed by the petitioner in connection with N. D. P. S. Case No. 37 of 2007 arising out of Bhaktinagar P. S. Case No. 709 of 2007 dated 21st September, 2007 under Section 20 (b) (ii) (c)/25 of the Narcotic drugs and Phychotropic Substances Act challenging the orders dated 16th june, 2008, 23rd June, 2008 and 30th June, 2008 passed in the aforesaid case.

(2.) FROM the records, we find that the petitioner herein after surrendering himself in the Court of Special Judge was remanded to judicial custody by order of the learned Judge on 18th December, 2007 and this remand was extended from time to time.

(3.) THE investigating agency could not file the charge sheet within the statutory period of 180 days which expired on 15th June,. 2008. On 16th June, 2008, the petitioner herein filed an application for being released on bail and on the same day, the prosecution also filed an application before the learned court below praying for extension of the period of investigation in terms of proviso to Section 36a (4) of N. D. P. S. Act. The concerned learned Additional sessions Judge fixed the date of hearing of the aforesaid bail application filed on behalf of the accused/petitioner as well as the application filed by the learned public Prosecutor for extension of the period of investigation on 23rd June, 2008.