1 IN THE HIGH COURT OF BOMBAY AT GOA. CRIMINAL APPLICATION(BAIL) NO. 32 OF 2011. Mr. Monday Felix Odede, Aged 39 years, Nigerian National, R/o. H. No. Nil, Near Post Office, Calangute, Bardez Goa. Presently lodged at Sub Jail Sada, Vasco-da-gama, Goa. …....... Applicant. Versus State, (As represented by Officer in charge Calangute Police Station, Goa. …....... Respondent. Ms. Carolina Colasso, Advocate for the applicant. Mr. C. A. Ferreira, Public Prosecutor for the respondent. CORAM :- A. P. LAVANDE, J. DATE : 18 th February, 2011. ORAL ORDER : Heard Ms. Colasso, learned Advocate for the applicant and Mr. C. A. Ferreira, learned Public Prosecutor for the respondent. 2 2. Pursuant to the FIR Crime No.90/2010 under Section 21(c) of the NDPS Act, 1985 registered at Calangute Police station, the applicant was arrested on the allegations that he was in possession of 465 gms of Cocaine, 45 gms of MDMA, small electronic weighing scale and Indian and Foreign currencies and some other items. Since the period of 180 days was expiring on 19.10.2010, learned Public Prosecutor filed an application dated 18.10.2010 seeking extension of time of 60 days for filing chargesheet. The applicant was notified, however he did not remain present at the time of consideration of the application for seeking extension of time. There is no dispute that at the time of consideration of application seeking extension of time the applicant was not produced before the Special Judge. Special Judge by order dated 19.10.2010 extended time by 60 days for filing the chargesheet. Again on 17.12.2010 application was filed by the public prosecutor seeking extension of time for further period of 60 days for filing the chargesheet. Indisputably, on the day of consideration of said application which was granted by order dated 18.12.2010 the applicant was not produced before the Special Judge. 3 3. Thereafter on 18.12.2010, the applicant filed bail application before the Special Judge of NDPS Court which was opposed by the respondent. By order dated 27.12.2010 the same was rejected. One of the ground urged before the Special Judge was that the applicant was not given opportunity to be heard before granting extension of time of 60 days to file a chargesheet before passing order dated 18.12.2010. 4. Criminal Application( Bail) No. 263/2010 Mr. David Driham @ Dudu Vs. State of Goa was disposed of by me by order dated 18.1.2011. In almost similar facts, while disposing the bail application, I set aside the order granting extension of time on the ground that the applicant in the said case was not heard before granting extension of time in terms of Section 36(A) (4) of the Act and further directed the learned Special Judge to give an opportunity of being heard to the applicant therein and pass an order. It was further directed that in the event the learned Special Judge holds that the order granting extension of time was patently illegal, the learned Special Judge to pass an order granting bail to 4 the application on such terms and conditions as he deems fit and proper. 5. Since the facts in the present case are almost identical with the facts in Criminal Application( Bail) No.263/2010, I propose to dispose of the present application in similar terms. 6. In view of the above, the order dated 18.12.2010 passed by the learned NDPS Court granting extension of time is set aside. Learned Special Judge to decide the application a fresh in the light of the findings given and the observation made in Criminal Application(Bail) No. 263/2010 not withstanding the fact that the chargesheet has been filed subsequent to the disposal of the bail application. The applicant shall be produced before the learned Special Judge on the date fixed for hearing. After considering all the contentions of the applicant herein and after giving an opportunity of being heard to the prosecution, the learned Special Judge shall pass order on the said application dated 17.12.2010 without being influenced by the observations made and the findings given in the order dated 31.12.2010 in Special Bail 5 Application no. 76/2010 filed by the applicant. In the event the learned Special Judge holds that order granting extension of time is patently illegal, the learned Special Judge shall pass an order granting bail to the applicant on such terms and conditions as he deems fit and proper. The applicant shall be in custody till the learned Special Judge passes an order on the application. 7. Learned Special Judge shall decide the application dated 17.12.2010 expeditiously and in any case within a period of two weeks from the date of receipt of the copy of this Order. Needless to mention that all the contentions of the applicant are kept open. 8. Application stands disposed of in the aforesaid terms with no order as to costs. A. P. LAVANDE, J. vn*