Judgment:
ORDER
A.K. Padhi, J.
1. Heard counsel for both the sides.
2. The petitioner had filed an application for bail. The offence for which the petitioner accused has been arrested Under Section 20(b)(i) of the Narcotic Drugs And Psychotropic Substances Act, 1985 and punishment for such contravention is imprisonment for five years. Though in the original application the ground had not been taken, the petitioner now urges that he having been in custody for more than 60 days and no prosecution Report hiving been submitted, he is entitled to bail Under Section 167(2) Proviso, of Cr. P. C. It is also submitted that by virtue of Sec 36-A(c) and 36-C, the petitioner is also entitled to be released on bail as no prosecution Report has been filed within 60 days from the date of arrest.
Sec 36-A, N.D.P.S. Act, 1985 reads as follows:
'Offence triable by Special Courts.__
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)_
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(c) the Special Court may exercise, in relation to the person forwarded to it under Cl. (b), the same power which a Magistrate having jurisdiction to try a case may exercise Under Section 167 of the Code of-Gimim! Procedure, 1973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that Section ;
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Section 36-C of the N. D. P. S. Act, 1985 reads as follows:__
'Application of Code to proceedings before a Special Court. Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), (including the provisions as to bail and bunds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.'
3. From records it transpires that the petitioner was arrested on 7-11.1990 and till today no , prosecution Report has been submitted. Therefore the petitioner is entitled to be released on bail.
4 Reading the above provision along with proviso to Sub-section (2) of Sec 167 Cr. P. C. the petitioner has the, right to be released on bail, and such right has been conferred on him under the Statute. This right is due to the default of non filing of the prosecution Report on the part of the prosecuting authority within time period of 60 days. This view has been expressed in A. I. R. 1990 S. C. 71 (Rajnikant Jivanlal Patel and Anr. v. Intelligence Officer, Narcotic Control Bureau, New Delhi).
5. The petitioner is therefore released on bail of Rs 15,000/- with two sureties for the like amount to the satisfaction of the S. D. J. M. Koraput.