IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of December 2009 Ist Bail Application No.1068 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sagar Singh Thapa S/o Kundan Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 10, 2009 ____________________________________________________________________ Arising out of Case Crime No.94/2009 Under Sections 18/20 of N.D.P.S. Act P.S. Vikas Nagar, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri R.P. Nautiyal, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. GA for the State and perused the record. Learned counsel for the applicant has submitted that as per the prosecution story on 29.3.2009 1 kg and 844 gram Charas was recovered from the possession of the applicant and thereafter the applicant/accused was arrested by the Police and was sent for judicial remand before the Special Judge. On the same day the applicant was produced before Special Judge who then sent him to the jail on 29.3.2009. It is further argued on behalf of the applicant that the charge sheet in this case was submitted by the I.O in the court on 29.9.2009. He further argued that as per the provisions of Section 36A-(4) of The Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, the Act) 180 days are required to file the charge sheet in the court and if it is not possible to complete the investigation within the said period of 180 days then the Special Court may extend the said period up to one year on the application of public prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of 180 days. It is further argued that no application for extension of investigation was moved by the public prosecutor, hence, the detention of the applicant/accused after 180 days is illegal as per the law and the applicant is legally entitled for bail as per the provision of Section 36-A(4) of the Act. Section 36-A (4) of the Act reads as under:- “(4) In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving commercial quantity the references in sub-section (2) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), thereof to “ninety days”, where they occur, shall be constructed as reference to “one hundred and eighty days”: Provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days.” Counter affidavit has been filed by the State in which it is admitted that the charge sheet has been filed by the Investigating Officer in the court on 29.9.2009. After considering all the facts and circumstances it reveals that the charge sheet has been filed by the I.O. in the court on 29.9.2009 i.e. after 183 days and the public prosecutor had not moved any application for extension of time for the investigation, hence, as per Section 36-A (4) of the Act the applicant is legally entitled for bail. Having considered the submissions of learned counsel for the applicant and in view of the legal proposition of law, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Sagar Singh Thapa be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Special Judge, Narcotics Drugs & Psychotropic Substances Act, Dehradun. The bail application and Urgency Application No.3333/09 are disposed of accordingly. (Dharam Veer, J.) 10.12.2009 RG