RIZWAN BASHIR DHOBI Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged order dtd. 2/8/2022 passed by 1st Additional Sessions Judge, Srinagar (hereinafter referred to as 'the court below), whereby ten days extension for completing the investigation beyond 180 days has been granted to the Investigating Agency to complete the investigation in FIR 9/2022 for offences under Sec. 8/21, 22, 27-A and 29 of the NDPS Act registered with Police Station, Nowhatta, Srinagar.

(2.) According to the petitioner, he was arrested by the police on 3/2/2022 in the aforesaid FIR which has ben registered against him and other five co-accused. It has been submitted that the petitioner filed an application claiming default bail before the learned 3rd Additional Sessions Judge, Srinagar, on 2/8/2022 i.e., on 180th day and the same was listed on 3/8/2022. However, on 2/8/2022, itself, on an application filed by respondent before the court below, the impugned order came to be passed whereby extension of ten days beyond the period of 180 days for completing the investigation has been granted to the respondent.

(3.) The petitioner has challenged the impugned order on the ground that the requirements of Sec. 36-A of the NDPS Act are not fulfilled in the instant case and that the court below has ignored this aspect of the matter while passing the impugned order thereby causing miscarriage of justice. It has been further contended that no notice was given to the petitioner prior to passing of the impugned order and, as such, the principles of natural justice have been violated.