SANKAR SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Two of the accused in Case No. 1 /CL/NDPS/BPB/92 of the Customs and Central Excise, Crime Branch, have filed these applications for bail under S. 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) read with S. 439 of the Code of Criminal Procedure, 1973 (for short, the Code). The allegation against them is that they have been found dealing in heroin, a psychotropic substance and committed offence punishable under S. 22 of the Act. The punishment prescribed is rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and fine. The applications are opposed by the learned Addl. Central Govemment Standing Counsel appearing for the officers of the Customs and Central Excise Department and the learned Public Prosecutor appearing for the State of Assam.

(2.) Information was received, offence was detected and investigation was initiated and conducted by an officer of the Customs and Central Excise Department, duly empowered with the powers of an officer in charge of a Police Station under S. 53 of the Act. At the conclusion of the investigation he filed a complaint as contemplated under S. 36A(d) of the Act read with S. 190 of the Code. The applicants had been duly arrested, produced before the competent Judicial Magistrate, remanded to Police custody in the first instance for 15 days and subsequently remanded to Judicial custody, in all, for a period of over 90 days and the complaint was instituted long after the expiry of the period of 90 days from the date of arrest. The short ground on which release on bail is sought is based on proviso (a) to sub-sec. (2) of S. 167 of the Code, namely, investigation was not completed within a period of 90 days from the date of arrest and the applicants are prepared to furnish bail.

(3.) Jammu and Kashmir High Court in Darshan Singh v. Superintendent of Customs (Prevention), (1990) 2 Crimes 471, on similar facts held that the provisions of S. 167 of the Code are not applicable as it is a case of complaint and no investigation is being conducted under Chapter XIV of the Code.