Point of Law: In terms with Section 173 (2) of the Code, the Officer-in-Charge of the Police Station shall forward to a Magistrate empowered to take cognizance of an offence on a police report in the form prescribed by the State Government.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A. Ahmed, the learned counsel for the applicant as well as Mr. M. Phukan, the learned P.P. Assam along with Mr. R.J. Baruah, the learned Addl. PP. I have also heard Mr. Z. Kamar, the learned senior counsel who vide the order dated 29.09.2022 was requested to assist the Court.

2. This is an application under Section 439 of the Code of Criminal Procedure, 1973 ‘for short, the Code’ for grant of bail to the applicant in connection with Nilambazar PS Case No. 432/2021, who had been in custody since 28.11.2021. At the outset it is relevant to mention that the case has been registered under Section 22(C)/25/29 of the NDPS Act, 1985, for short “the Act of 1985.”

3. The case of the applicant is that one Kamlesh Singh, SI of Nilambazar Police Station had lodged an FIR to the effect that at about 12.40 PM a specific information was received by the BSF intelligence team of M&C, BSF Mashimpur, Silchar regarding the presence of huge quantity of suspected narcotic drugs at the house of the applicant and his brother Abdul Basit. Accordingly a GD Entry was made. At around 2.30 PM, the informant along with other officials reached the place and when they moved towards the house of the applicant and seeing them some people started running from the house of the applicant throwing a gunny bag in the house. The police party apprehended the applicant. After receipt of the FIR, Nilambazar PS registered the same as Nilambazar PS Case No. 432/2021 under Section 22(C)/25/29 of the NDPS Act, 1985 and started investigation.

4. It has been further mentioned that the applicant was arrested on 27.11.2021 and on 28.11.2021 he was forwarded before the Chief Judicial Magistrate, Karimganj with a prayer for 3 days police custody for the purpose of investigation and the applicant since then has been languishing in jail. Further it has been mentioned that the applicant preferred a bail application before the Special Judge, Karimganj which was registered under Section 439 Cr.P.C. in Bail Application No. 372/2021. The said application was rejected on the ground that the alleged contraband was recovered from the house of the applicant. In the instant bail application, the period during which the applicant was in judicial custody has been mentioned and for the sake of convenience, the same is reproduced herein-below:

Table showing the calculation of 180 days

5. It is the case of the applicant that one bail application was filed before the Court of the Special Judge, Karimganj seeking default bail on the ground that the accused applicant was arrested on 28.11.2021 and as such, he has completed the statutory period of detention on 27.05.2022. The said application has been enclosed to the instant bail application as Annexure-6. It is relevant to mention that from a perusal of the certified copy of the vernacular version of the bail application so enclosed as Annexure-6, it appears that the said petition was numbered as Pet No. 506/14 and was filed on 30.05.2022 as would be apparent from the seal. From a perusal of the said petition, it appears that the wife of the applicant had mentioned that her husband had been languishing in the jail for a long time and he had completed the statutory period on 28.05.2022 and hence prayed for release of the applicant on furnishing appropriate surety. The said application which was filed on an off date was directed to be put up on the next date fixed i.e. on 07.06.2022 as would appear from a perusal of the said application itself. It further appears that the applicant filed a bail application before this Court