IMPORTANT POINT
The court ruled that the petitioner was not entitled to default bail as he was lawfully shown arrested after the final complaint was submitted.

JUDGMENT :

K.R. Surana, J.

Heard Mr. F. Khan, learned counsel for the petitioner and also heard Mr. S.C. Keyal, learned senior standing counsel of Narcotics Control Bureau.

2. By filing this writ petitioner under Article 226 read with Article 227 of the Constitution of India, the petitioner is praying for a writ of habeas corpus.

3. The records reveal that In brief, the prosecution case is that on or a specific information that contraband narcotics was being transported from Meghalaya side of Jorabat and would be passing through Khanapara, Guwahati, on 07.10.2021, the NCB officers intercepted a container truck bearing registration no. NL-01-AD-3773 and found two persons, namely, Pavan Kumar Singh and Nunu Babu Mahato trafficking 426.910 kg of contraband ganja and on completion of all formalities, they were arrested and the contraband was seized. In course of investigation, two more persons including the petitioner, namely, Pappu Kumar Sahani were arrested. The final complaint was filed on 31.03.2022, stated to be within stipulated time under section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1984 (NDPS Act for short), seeking punishment of the three accused persons for commission of offences under section 8(c) of the NDPS Act and punishable under sections 20(b)(ii)(C) and 29 of the NDPS Act. Moreover a prayer was also made in the said complaint to permit further investigation of the case against the petitioner and 5 (five) others.

4. In the order dated 02.04.2022, the learned Sessions Judge, Kamrup (M), Guwahati has recorded that the Investigation Officer of the case has submitted an offence report under section 8(C)/ 20(b)(ii) (C)/28/29/35/53A/54/60/ 61/62/63/66/67/68/69 of the NDPS against the five accused persons named therein including the petitioner, namely, Pappu Sahani @ Pappu Kumar Sahani. It may be stated that as per the said order the petitioner was not shown arrested in the offence report.

5. As per the record, upon petition bearing no. 200/2022 by the I.O., NCB, the learned Addl. Sessions Judge No.5, Kamrup (M), Guwahati, by order dated 27.04.2022, issued production warrant against the petitioner for producing him from Shaheed Khudiram Bose Central Jail, Muzaffarpur, Bihar (“SKBC Jail” for short) on 05.05.2022. As per order dated 06.05.2024, the petitioner was produced through video-conference from the said jail and he was remanded till the next date fixed. The Superintendent of the said jail had submitted a letter that all cases against the petitioner was disposed of and that the learned Court may pass order for physical production of the petitioner and accordingly, a production warrant for the petitioner on 13.05.2022, was issued and the I.O. NCB was allowed to record the statement of the petitioner after he is transmitted from jail at Muzaffarpur to Guwahati.

6. As per the documents annexed to the writ petition, several orders were passed thereafter for physical production of the petitioner from SKBC Jail, Muzaffarpur, Bihar. Thereafter, from 06.05.2022 to 04.02.2023. As per order dated 17.02.2023, the petitioner was transferred to Chapra, Saran District Jail and accordingly, next date was fixed for production of the petitioner from the said jail. Thereafter, again various orders were passed for physical production of the petitioner and ultimately as per order dated 12.07.2023, the petitioner was produced before the Court of learned Addl. Sessions Judge No.5, Kamrup (M), Guwahati.

7. AS per order dated 16.03.2024, the learned Addl. Sessions Judge No.5, Kamrup (M), Guwahati has recorded that the said date was fixed for order on bail petition no. 328 on behalf of the petitioner. The said learned Court after perusal of the records and after considering the various orders passed held that since 12.07.2023 after production of the petitioner before the Court, the petitioner was in judicial custody and that during the investigation of the case, the accused was never arrested by any investigation agency. It may