ORDER

Date : 04-10-2021 Heard Mr. B. Mahajan, learned counsel for the petitioners.

Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State.

2. This application has been filed by the petitioners, namely, Pranjit Rabha, 2. Putul Rabha under Section 439 of Cr.P.C. seeking bail in connection with the Special (N) Case No. 02/2020 under Section 20(b)(ii)(C) of the NDPS Act pending in the Court of Special Judge, Udalguri arising out of Mazbat Police Station Case No. 84/2019 under Section 20(b) of the NDPS Act.

3. The petitioners were arrested on 21.10.2019 in Mazbat Police Station Case No. 84/2019 under Section 20(b) of the NDPS Act. The learned counsel for the petitioners submits that the petitioners have been languishing in custody since their date of arrest and bail petitions filed before the Special Judge, Udalguri have been rejected.

4. The learned counsel for the petitioner submits that the mandatory period of detention in custody as provided under the statute i.e. Section 36A(4) of the NDPS Act read with Section 167 of the Cr.P.C. had long expired. In spite of such specific statutory provisions, the prayers for bail by the petitioners have been rejected by the Spe