B.P. Singh & R.M. Prasad, JJ.

The petitioner has filed the instant writ petition for a direction that the petitioner be released forthwith in view of the provision of section 167(2) of the Code of Criminal Procedure. His grievance is that petition under the aforesaid provision was filed on 2-12-1998, but the learned Sessions Judge did not pass any order either accepting or rejecting the application.

2. The crucial question that arises for consideration in this writ petition is whether the provision of section 167 (2) of the Code of Criminal Procedure at all applies to the case of the petitioner.

3. It is not disputed that the petitioner is an accused in Special Case No. C.I-2/98 arising out of Katihar Unit Case No. 24 of 1998 dated 12.9.98 for having allegeldy committed an offence punishable under section 20(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985. The case of the prosecution is that the petitioner was arrested on 11.9.1998 on National Highway No. 31 when found in possession of 240 Kgs of Ganja. The Ganja recovered from the possession of the petitioner was seized, and a complaint was lodged by the Inspector of Customs before the Sessions Judge, Katihar, o