JUDGMENT :

1. The present application under Section 439 of the code of Criminal Procedure has been preferred by the petitioner in connection with Baishnabnagar P.S. Case No. 204 of 2020 dated 30-04-2020 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act (Special Case No.30 of 2020).

2. The learned advocate appearing for the petitioner submits that the petitioner was arrested and produced before the Learned Judge, Special Court, 2nd Court, Malda on 30th April, 2020 for the alleged offence punishable under Section 21(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985(‘NDPS Act’). His prayer for bail was rejected. As no charge sheet was filed within the mandatory period of 180 days, the petitioner filed an application for statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973(‘CrPC’) on 28th October, 2020 before the learned Chief Judicial Magistrate, Malda since there was no available Special Court at that juncture. However, on the said date, on a purported plea that “the period of detention cannot be calculated”, the petition was sent to the Additional District Judge, 3rd Court, Malda. Two days thereafter