JAYANANDAN PRASAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by two accused persons, praying for releasing them on bail, who have been arrested in connection with Golakganj Police Station Case No.43 of 2011 under Section 420/468 of the Indian Penal Code read with Section 20(b)/ 22 of the NDPS Act, 1985. The bail prayer has been basically made on the ground of their completing statutory period of pre-arrest bail.

(2.) HEARD Mr. B.K. Mahajan, learned senior counsel for the petitioner. The State was represented by Mr. K. Munir, learned Additional Public Prosecutor. I have also perused the FIR, Arrest memo and other documents annexed with the bail application. The learned Addl.P.P. also produced the relevant case diary to show that commercial quantity of psychotropic substances have been recovered from the possession of the accused persons. It may also be mentioned here that the IPC Provisions have been incorporated in the police case on the ground that the accused persons (drivers) were found transporting large quantity of prohibited medicines on the basis of fake and false challans. Few fake number plates were also recovered from the truck.

(3.) AS noted earlier , both the accused persons were produced in the Court on 5.2.2011 and remanded to custody on the same day. Besides this, there is also no dispute that the seized psychotropic substance falls under "commercial quantity" category for which rigorous imprisonment for a term of not less than 10 years, which may also extend to 20 years with fine, has been provided under the law. Hence, the primary offence is squarely covered by 36A (4) of the NDPS, Act, which authorises the Court to detain an accused for a period of 180 days during investigation. Accordingly, the trial Court was legally competent to remand the accused to judicial custody till 2.8.2011. AS noted earlier, under proviso to Sub section (4) of Sec.36 A, the detention period can be extended to one year also, albeit under certain circumstances and on fulfilment of certain conditions.