Excelsior Correspondent
Srinagar, Apr 11: High Court said that the investigation in the drug trafficking case has to be completed in 6 months and granted bail to the drug peddler as police failed to complete the investigation in stipulated time.
Justice Sanjay Dhar observed that the time can be extended for investigation by the court on the explained reasons given by the public prosecutor which has not been done in the instant case resulting into granting bail to the accused.
“It is clear that maximum period of 90 days fixed has been extended to 180 days for certain categories of offences under that the period of 180 days can be extended by the court upto one year on the report of the Public Prosecutor indicating the progress of the investigation and for specific reasons for the detention of the accused beyond the period of 180 days”, Justice Dhar recorded.
Accused Rizwan Bashir Dhobi challenged the order of trial court whereby prosecution was granted further time for investigation on the mere communication of police and no explanation has been sought to public prosecutor by the court below.
“There is no dispute that the petitioner-accused is involved in a case relating to possession of commercial quantity of drugs and there is also no dispute to the fact that he can be granted bail on merits only if he is able to carve out a case after fulfilling the conditions of the NDPS Act”, Justice Dhar said.
However, court added that in the instant case the petitioner had claimed bail before the court below on the ground that the Investigating Agency had defaulted in completing the investigation within the time stipulated under the Act.
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