RAJU BORUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Biswas, learned counsel for the applicants/petitioners. Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam, appearing for the State.

(2.) The present application has been filed by the petitioners under Section 439 Cr.P.C. for enlargement of their bail by way of default on the failure of the investigating authority to complete the investigation within 60 days in connection with Behali Police Station Case No.42/2020 registered under Section 188/34 of the Indian Penal Code, read with Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) It has been submitted by the learned counsel for the petitioners that the quantity of alleged contraband ganja is 20 kg as mentioned in the seizure memo. It has been that under such circumstance, the said quantity cannot be of commercial in nature, in which event the rigors of Section 37(1)(b) of the NDPS Act would not come into play under which investigation in respect of any commercial quantity could be completed within a period of 180 days. It has been submitted that in the present case it is not a commercial quantity as defined under Section 2(viia) of the Act read with the notification specifying small quantity and commercial quantity by the Central Government under clauses (viia) and (xxiiia) of Section 2 of the NDPS Act.