- (1.) The petitioner has approached this Court praying for setting aside of orders dated 13.9.2016, 14.9.2016 and 17.9.2016 passed by learned Judge, Special Court under the NDPS Act being the Additional Sessions Judge, 2nd Court, Malda in Special Case No. 126 of 2016 arising out of Baishnabnagar P.S. Case No. 163 of 2016 dated 13.3.2016 under Section 21(c)/25 of the Narcotic Drugs and Psychotropic Substances Act refusing to grant statutory bail to the petitioner.
(2.) Learned Counsel appearing for the petitioner submits that the petitioner had been arrested on the accusation of being in alleged possession of 950 grams of amphetamine powder of commercial quantify and was produced on 14.3.2013. The petitioner was entitled to statutory bail after expiry of 180 days on 9.9.2016. Prayer for such statutory bail was, in fact, made on 13.9.2016.
(3.) It is pertinent to note that no report had been filed by the Special Public Prosecutor prior to the expiry of 180 days as is required under law for extending the period of detention up to one year.;