- (1.) The appellant was arrested on 12th February, 2007 for offences punishable under Sections 24, 29, 30 and 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the 'Act') and was produced before the Special Judge who remanded him to judicial custody for fifteen days, the period being extended from time to time. The appellant also moved an application for bail before the Special Judge. This application was rejected on 28th May, 2007 whereafter the appellant moved the Calcutta High Court. This application was rejected on 7th June, 2007. The appellant, aggrieved by the order of 7th June 2007, preferred a special leave petition in this Court on 10th July, 2007 which too was dismissed on 3rd December, 2007. It appears that as the period of 180 days fixed under Section 36A(4) of the Act read with Section 167(2) of Code of Criminal Procedure, 1973 (hereinafter called the Code) was to expire on 10th August, 2007, Respondent No. 1, the Narcotics Control Bureau, filed an application under Section 36A(4) on 2nd August, 2007 seeking a further period of six months for the completion of the investigation and the filing of the complaint. The Special Judge allowed this application by Order dated 2nd August, 2007. As the extended period would have expired on 2nd February, 2008, the Bureau, moved yet another application under Section 36A(4) of the Act which too was allowed on 30th January 2008 and the time for the completion of the investigation was extended to 13th February 2008, which would have (statedly) brought the total custody to 1 year and 2 days.
(2.) The appellant moved another application for bail under Section 36A(4) of the Act read with Section 167(2) of the 'Code' on 4th February, 2008 on the plea that the investigation had not been completed within the stipulated period of time fixed by the Special Judge. This application was rejected on 13th February, 2008. The appellant also moved CRR No. 411 of 2008 in the Calcutta High Court on 7th February, 2008 against the Order dated 30th January, 2008 whereby an extension of six months had been granted. The complaint was also filed by respondent No. 1 on the 7th February 2008. The appellant filed CRR No. 765 of 2008 before the Calcutta High Court challenging the order dated 13th February, 2008 rejecting the application for bail. On 6th August, 2008, a learned Single Judge of the Calcutta High Court released both the CRR's aforementioned for want of jurisdiction as they were required to be heard by a Division Bench. Both the matters came before the Division Bench and were dismissed by order dated 5th September, 2008. The present appeal has been filed impugning this order.
(3.) Leave was granted in this matter on 5th December, 2008 and though, both the respondents i.e. the Narcotic Control Bureau and the State of West Bengal have been served, the former has not put in appearance despite the passage of almost a year. The State of West Bengal Respondent No. 2 however, which is not really the contesting party, has filed a counter and is also represented by its counsel, Mr. Avijit Bhattacharjee. He, at the very outset, pointed out that he felt gravely handicapped on account of the non-appearance of respondent No. 1, the primary party respondent, but he has chosen to go ahead as it appears that the first respondent was not interested in contesting the case.;