DILDAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. K. Kalita, learned counsel for the applicant/petitioner. Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam, appearing for the State.

(2.) By this application filed under Section 439 Cr.P.C., the petitioner has prayed for grant of bail in connection with Rangia P.S. Case No.368/2020 registered under Section 21(b) of the N.D.P.S. Act, 1985, corresponding to G.R. Case No.775/2020.

(3.) When this matter was taken up, it has been very clearly submitted by learned Additional Public Prosecutor for the State that the petitioner has been booked under Section 21(b) of the NDPS Act in Rangia P.S. Case No.368/2020 and he has been in custody since 17.04.2020 and as such now the petitioner has remained in custody for more than 60 days. However, the charge-sheet has not been filed in the present case as the investigation has not yet been completed. In that eventuality, perhaps the petitioner may be entitled to the default bail as provided under Section 167(2) of the Code of Criminal Procedure, 1973.