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2025 Supreme(Gau) 1260
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY, J.
Amjat Ali S/o Late Kuddus Ali - Appellant
Versus
The State of Assam - Respondent
Crl. Pet. No. 708 of 2025
Decided On : 29-07-2025
Advocate Appeared:
For the Appellant : J.C. Borah
An extension of the investigation period under the NDPS Act requires a report from the Public Prosecutor, and cannot be granted based solely on the Investigating Officer's application.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 36A(4) - Extension of investigation period - Special Court lacks authority to extend investigation without a report from the Public Prosecutor indicating progress and reasons for detention beyond 180 days - Attempt by the Investigating Officer for extension without requisite report deemed unsustainable. (Paras 15, 20)
(B) Criminal Procedure Code, 1973 - Section 167(2) - The provisions regarding the detention period for offences involving commercial quantity of drugs must be followed strictly; if absent, extensions cannot be granted. (Paras 12, 19)
Facts of the case:
The accused, Amjat Ali and Abdul Hasen, were arrested for possessing over 850 grams of suspected Heroin. Following the FIR, their custody was sought to extend the investigation period, which the Special Court attempted to allow based on the I.O.'s application without proper compliance of statutory requirements.
Findings of Court:
The Special Court's order to extend the investigation period is legally unsustainable due to lack of necessary procedural compliance.
Issues: Whether the Special Court has the authority to extend the investigation period based on an application from the I.O. versus a mandated report from the Public Prosecutor.
Ratio Decidendi: The court held that the proper legal protocol requiring the involvement of the Public Prosecutor for extending investigation periods must be adhered to strictly; deviations render orders void.
Result: Criminal petition allowed; the extension order set aside.
| Table of Content |
|---|
| 1. factual background of arrest and investigation. (Para 3 , 4 , 5 , 6 , 7) |
| 2. details of the application for extension by i.o. (Para 8 , 9 , 10) |
| 3. legal provisions and conditions of investigation period extensions. (Para 11 , 12 , 13 , 14 , 15) |
| 4. deficiencies in i.o.'s application for extension. (Para 16 , 19) |
| 5. supreme court rulings on procedural requirements. (Para 17 , 20) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. J.C. Bora, learned counsel for the petitioners and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.
2. Before examining the legality and validity of the impugned Order dated 20.01.2025 passed by the learned Special Judge, Morigaon [‘the Special Court’ for short] it appears apt to delineate facts leading to the passing of the said order.
3. A First Information Report [FIR] was lodged by a Sub-Inspector of Police attached to Borchala Out Post, Morigaon under Lahorighat Police Station before the Officer In-Charge, Lahorighat Police Station, Morigaon on 24.07.2024 in reference to Borchala Out Post General Diary Entry no. 305 dated 22.07.2024.
4. In the FIR, it was inter-alia stated that an information was received from a reliable source on that day that one person named Amjat Ali had taken a huge quantity of suspected Heroin to the house of one Abdul Hasen, Village – Lahorighat in order to smuggle. Upon instruction, a Police team led by him proceeded from the Out Post to the house of Abdul Hasen with investigation kit, digital weighing machine, drug detection kit, etc. in order to conduct a search. A search was thereafter, conducted in the house of Abdul Hasen in presence of independent witnesses at around 01-20 a.m. under videography. The alleged drug peddler, Amjat Ali was found inside the house. During the search of the house of Abdul Hesen, 71 nos. of soap cases containing suspected Heroin was recovered. One heavy duty digital weighing machine was also recovered and seized from one Jinnatul Islam in presence of witnesses. Thereafter, two accused persons namely, Amjat Ali and Abdul Hasen were caught red handedly with contraband substance.
5. On weighment, net weight of suspected Heroin was found to be 850 grams without plastic soap cases and 2.862 KGs with plastic soap cases. One vehicle bearing registration no. AS-03/T-1533 was also seized along with other items.
6. On the basis of the said FIR, Lahorighat Police Station Case no. 152/2024 was registered on 24.07.2024 for offences under 21[c]/29/25 of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985. After arrest, the two accused persons, namely, Amjat Ali and Abdul Hasen were forwarded to the Court of learned Chief Judicial Magistrate, Morigaon for production and on being so produced, the two petitioners were remanded to custody on 25.07.2024. The petitioners have averred that since 25.07.2024, they are in custody till date.
7. On 20.01.2025, the accused-petitioners were produced before the learned Special Court from jail custody.
8. Earlier to 20.01.2025, the Investigating Officer [I.O.] of the case had submitted an application on 18.01.2025 with a prayer for extension of the period of investigation of Lahorighat Police Station Case no. 152/2024. The said application was submitted purportedly under the proviso to sub-section [4] of Section 36A of the NDPS Act.
9. In the application dated 18.01.2025, annexed as Annexure-3 to the instant criminal petition, the I.O. was found to have mentioned about the steps taken by him during the course of investigation carried out by him till 18.01.2025. The application mentioned about the articles seized by him during the course of investigation. He stated that contraband suspected to be Heroin, weighing 850 grams, was seized when a search operation was conducted in the house of Abdul Hasen [the petitioner no. 2]. The I.O. further stated that the informant and the witnesses were examined and their statements were recorded under Section 188 , BNSS . The stat
