IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8205 of 2009 BIRJA PRASAD Versus THE UNION OF INDIA ----------- For the petitioner : Mr. Arbind Kumar, Advocate For the Union of India : Mr. Sudhir Singh, Asstt. Solicitor General ------ 4 23.4.2009 Heard learned counsel for petitioner BIRJA PRASAD who has been detained in custody since 30.12.2007 in connection with Customs (N.D.P.S.) Case No. 132 of 2007-08 for commission of offence under sections 20 and 23 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “the NDPS Act”) for allegedly being in possession of 10 Kg. Charas. The specific stand of the petitioner is that he has been detained in custody illegally as there was no order of any court remanding him to custody. From Annexure 1 which is the complaint petition, it appears that the same was signed and sent to the Sessions Judge, Muzaffarpur, on 9.4.2008 and was placed before the Court on 11.4.2008. In the counter affidavit filed on behalf of the Union of India the deponent Yogenera Prasad Azad states that he was holding additional charge of Customs (Preventive) Division, Muzaffarpur, without disclosing his rank in the Department. His counter affidavit also does not disclose that as to whether any order of remand had been obtained from the Court for keeping the petitioner detained in custody. Reference was sought to be made to sub section (4) of Section 36 A of the NDPS Act to defend the action of the Union of India. I am unable to accept the submissions since sub section (4) of - 2 - section 36A of the NDPS Act relates to a situation where it is not possible to complete the investigation within the period of 180 days which is not the situation here. In the instant case it appears that the petitioner has been detained in custody without any valid order of remand. In that view of the matter the petitioner BIRJA PRASAD is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount to the satisfaction of the learned 1st Additional Sessions Judge, Muzaffarpur in connection with N.D.P.S. Case No. 132 of 2007-08. Spd/- (Abhijit Sinha, J.)