UMER YOUSUF RATHER Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged orders dtd. 5/4/2022, 6/4/2022 and 8/4/2022 passed by Principal Sessions Judge, Kulgam, whereby detention of the petitioner has been extended beyond 180 days in connection with FIR No.69/2022 for offences under Sec. 8/15 NDPS Act, 207, 3/181 of M. V. Act of Police Station Yaripora Kulgam.

(2.) It has been contended in the petition that upon arrest of the petitioner, the statutory period of 180 days provided for completing/concluding the investigation expired on 5/4/2022, but the charge sheet was not filed by the investigating agency against him before the competent court. It is further averred that no formal application under Sec. 36-A(c) of the NDPS Act was made by the respondent and, as such, remand granted by the learned Sessions Judge beyond 5/4/2022 is bad in law. It is also contended that merely because FSL report could not be obtained by investigating agency would not offer a ground to the investigating agency to seek extension of time in concluding the investigation beyond the statutory period of 180 days. The petitioner has also contended that immediately upon expiry of the statutory period of 180 days, he made an application before the learned Sessions Judge expressing his intention to avail the benefit of default bail.

(3.) Record of the court below was summoned and the same has been received.