JUDGMENT :

1. This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.).

Charges:-

2. The charge is under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”) in connection with Special Case No.4 of 2021 arising out of Bhaktinagar P.S. Case No. 77 of 2020 dated January 28, 2020 now pending before the Learned Judge, Special Court under NDPS Act-cum- Additional Sessions Judge, 2nd Court, Jalpaiguri.

Facts:-

3. One Sub-Inspector named Gopal Chandra Mondal of Bhaktinagar P.S. (for short, “the informant”) registered Bhaktinagar P.S. Case No. 77 of 2020 against the petitioner and one Saje Saibo alleging that on January 28, 2020 at about 15:10 hrs, the informant received information from the said Police Station that few persons were moving suspiciously in front of the Office of the All India Radio, Siliguri and that they were carrying substantial quantity of contraband substances. The informant passed on this information to the Inspector-in-Charge, Bhaktinagar P.S. Pursuant to the instruction of the said Inspector-in-Charge, at around 15:15 hrs, the informant proceeded with a raiding team towards the Office of the All India Radio, Siliguri. The raiding team reached the spot at 15:25 hrs and intercepted the said two accused persons, one of whom is the petitioner. The accused persons were carrying red and yellow colour plastic bags. Upon serving due notice of search and seizure at around 16:15 hrs in the presence of a Gazetted Officer, the Inspector-in-Charge searched the plastic bags, which were in possession of the said two accused persons one of whom is the petitioner. Yaba Tablets much above the commercial quantity were recovered. The recovered contraband was duly seized and was sent to Bhaktinagar P.S. Malkhana and the accused persons including this petitioner were taken into custody. Accordingly to the State, the entire exercise stated herein was carried out in strict and due compliance of the provisions of the NDPS Act.

4. The petitioner was arrested on January 28, 2020. The petitioner was produced before the Learned Jurisdictional Magistrate on January 29, 2020. The statutory period of 180 days for completion of the investigation as envisaged under Section 36 A(4) of the NDPS Act expired on July 24, 2020. On July 31, 2020 the petitioner filed an application seeking default bail and on the self same day the prosecution preferred an application praying for extension of the period for completion of investigation beyond the statutory period of 180 days. The explanation offered on behalf of the prosecution for such delayed application was that due to the nationwide lock down imposed by the Government of India on account of outbreak of COVID-19 pandemic, the application could not be filed before the expiry of the statutory period.

5. By an order passed on the self same date i.e. July 31, 2020, the Learned Judge being the Special Court under NDPS Act, 2nd Court, Jalpaiguri (for short, “the NDPS Court”) rejected the petitioner’s prayer for default bail and allowed the application of the prosecution by extending the period for investigation with retrospective effect from July 24, 2020. The investigating officer submitted charge sheet against the petitioner and the co-accused Saje Saibo within the extended period.

6. The petitioner then moved CRM 6510 of 2020 with CRAN 1 of 2020 before a Coordinate Bench of this Court seeking bail. By an order dated October 15, 2020, the Coordinate Bench dismissed the said bail application.

7. The instant bail application, thus, is renewal of the prayer for bail filed by the petitioner.

Arguments:-

8. Mr. Shekhar Kumar Basu, Learned Senior Counsel, ably assisted by Mr. Soubhik Mitter, Learned Advocate, appearing for the petitioner submitted that, on July 24, 2020, the statutory period for completion of investigation ended and immediately thereafter on July 31, 2020 the petitioner applied for statutory bail before the Ju