Mominuddin @ Monuddin vs State

The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court.

The petition is taken up for hearing through video conference on the basis of such undertaking.

This is an application for grant of bail in connection with NDPS Case No. 38 of 2019 arising out of Falakata P.S. Case No. 621 of 2019 dated 29th

October, 2019.

It is an admitted fact that charge-sheet could not be filed within the initial period of 90 days and not even within the extended period.

It is submitted on behalf of the prosecution that on 171st day an application was filed for extension of the period of the charge-sheet. Although the said application was fixed on 29th April, 2020, it appears that the prosecution did not proceed with the hearing of the said application. Even the period of

180 days had expired in the meantime.

Even today, the prosecution is not in a position to file a charge- sheet.

We feel that the accused cannot indefinitely be kept in custody. There has been completely lackadaisical approach in the matter.

The prosecution is unable to file charge-sheet and the accused cannot be made to suffer for that.

It appears that the prayer for granting bail by the petitioner earlier was deferred as adjournment was prayed on behalf of the State to apprise the

Court of the steps taken in the matter.

The learned counsel for the prosecution has submitted under Section 37 of the NDPS Act, the petitioner cannot be enlarged on bail. We are unable to accept the said submission in the facts and circumstances of the case as there has been complete failure on the part of the prosecution to take steps for filing the charge-sheet initially within the period of 90 days thereafter within a period of 180 days.

Moreover, from the copy of the order-sheet which has been filed by the learned Public Prosecutor in-charge, it appears that the prosecution has not prayed for an order for extension of period of investigation in terms of proviso to sub-section (4) of Section 36A of the NDPS Act.

On such consideration, the prayer for bail is allowed. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned appropriate trial court subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall file an affidavit before the concerned court and the investigating officer stating his present residential address whereupon he shall not leave without the order of the competent court during the pendency of the case. Until the petitioners shall further comply with the conditions contained in Section 437 (3) of the Code of

Criminal Procedure. In violation of any of the above conditions will entail the instant bail under cancelled without further reference to this court.

In the event the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

CRM 3929 of 2020 is disposed of.