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2019 (4) TMI 461 - HC - Indian LawsSmuggling - Methamphetamine/Pseudo Ephedrine - NDPS Act - extension of period of remand of the case - Section 36-A(4) of the NDPS Act - Held that:- It is beyond cavil that the 180th day fell on 13.12.2017, because, the first remand was on 16.06.2017. It is true that the DRI had not completed the investigation as on 13.12.2017. However, the Investigating Officer had filed an application for extension of time on 06.12.2017, in which, the Special Public Prosecutor has also signed. Perhaps, realising the mistake that the petition should not have been filed by the Investigating Officer, the Special Public Prosecutor himself filed a report on 11.12.2017. In this case, the remand extension of the petitioners/accused was made on 05.12.2017 and it was extended for a further period of 15 days upto 18.12.2017. The 180th day was to expire at 12.00 midnight of 13.12.2017. Had the Special Public Prosecutor not filed the extension Report or the complaint, the accused would have been entitled to be released on default bail only on 14.12.2017 on their coming forward to furnish bail, even though they may be physically absent before the Court. It be open to the Special Public Prosecutor to reveal the contents of the case diary or the case file in his Report under Section 36-A(4) of the NDPS Act? If he does that, will it not alert the suspects, over whom, surveillance would have been mounted by the Investigating Agency? In this case, samples which were drawn were sent by the Special Court to the Customs Laboratory, Chennai and the report dated 26.07.2007 received from said laboratory showed that the samples answered positive for Ketamine Hydrochloride, which substance also falls within the ambit of the NDPS Act - it cannot be stated that the Report of the Special Public Prosecutor under Section 36-A(4) of the NDPS Act is perfunctory or it does not satisfy the requirements of law. The orders passed by the Special Court, assailing the correctness of which, these two petitions are filed, are upheld - the criminal revision and the criminal original petition stand dismissed.
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