Tripura High Court
Rinku Das On Behalf Of Accd. Gobinda Das vs State Of Tripura on 11 December, 2018
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 1
HIGH COURT OF TRIPURA
AGARTALA
BA 147/2018
Rinku Das on behalf of accd. Gobinda Das
----Petitioner(s)
Versus
State of Tripura
----Respondent(s)
For Petitioner(s) : Mr. Somik Deb, Advocate For Respondent(s) : Mr. B. Choudhury, PP HON'BLE MR. JUSTICE ARINDAM LODH Order 11/12/2018 Heard the matter substantially.
Mr. Somik Deb, learned counsel appearing for the accused petitioner has urged upon two points : (i) regardless of Section 37 of the NDPS Act in the event of expiry of 180 days, the court should be guided by the provision of Section 167 of Cr.P.C and in that case the accused be entitled for grant of bail, and (ii) the court will release the accused after expiry of statutory period of 180 days under section 167 Cr.P.C in absence of any prayer for extension of time for filing charge sheet before the expiry of 180 days. Mr. Somik Deb, learned counsel has placed reliance on two decisions of the Apex Court in (1995) 4 SCC 190 para 9,10, 14 and 15 and (2014) 9 SCC 457, paras 27 and 28.
Admittedly the accused petitioner was arrested on 01.06.2018 and he is in custody for a period of over six months.
List the matter on 17.12.2018 when learned PP shall produce the case diary in connection with Pecharthal PS case 14 of 2018 under Section 22(c) of the NDPS Act.
JUDGE Saikat