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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Amjat Ali S/o Late Kuddus Ali – Appellant
Versus
State of Assam – Respondent
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
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.
The importance of the report of the Public Prosecutor in justifying the extension of the investigation period and the refusal of default bail.
The court upheld the extension of the investigation period under the NDPS Act, confirming that valid reasons and progress reports are essential for such extensions.
The main legal point established in the judgment is the necessity of fulfilling specific conditions, including the report of the Public Prosecutor, progress of the investigation, and issuing a prior ....
The non-availability of the Chemical Analyser report does not justify an extension of the investigation period under the NDPS Act.
The court established that extensions under Section 36A(4) of the NDPS Act require a Public Prosecutor's report and specific reasons for detention beyond 180 days.
Recovery of contraband - Right of the petitioner to be released on bail on account of the default of the prosecution was rightly refused by learned court below, upon extending period of investigation....
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