Asim Kumar Roy, J. - (1.) On September 20, 2009, the present petitioners were forwarded to the Court under arrest, in connection with Taratala Police Station Case No. 128, dated 19.9.2009, under Ss. 20(b)(ii)(B)/29 of the N.D.P.S. Act. Thereafter, on November 18, 2009, the petitioners applied for bail before the Court below on the ground within the statutory period of 60 days no charge -sheet has been submitted. On the very next day, i.e., on 19th of November, 2009 the petitioners renewed their prayer for bail on the self -same ground but on that day police submitted charge -sheet. The Learned Judge rejected the petitioner 's prayer for bail on the ground that charge -sheet has already been submitted. The petitioners challenged the said order in this criminal revision.
(2.) Heard the Learned Counsels appearing on behalf of the parties and perused the materials on record as well as the case laws cited by them.
(3.) In the case at hand, the charge -sheet has been submitted against the petitioners for an offence punishable under Ss. 20(b)(ii)(B)/29 of the N.D.P.S. Act, which is punishable with an imprisonment that may be extended upto 10 years, meaning thereby the imprisonment can be for a period of 10 years or less. Therefore, in terms of Clause (ii) of proviso (a) to Sec. 167(2) of the Code of Criminal Procedure, a Magistrate is authorized to permit detention of an accused in custody who has been charged with such an offence for a maximum period of 60 days and on the expiry of such period of 60 days an indefeasible right accrued in favour of the accused for being released on bail if the Investigating Agency failed to complete investigation. However, in this case the investigation was completed within the statutory period and the charge -sheet was submitted on the very next day, i.e., on the 61st day, thus the authority of the Magistrate to remand the petitioner after filing of the charge -sheet remain survived and the petitioner is not entitled to statutory bail. This criminal revision has no merit and, accordingly, stands dismissed. Criminal Sec. is directed to deliver urgent Photostat certified copy of this Judgment to the parties, if applied for, as early as possible.;