Investigating agency is not empowered to file any application for extension of time to complete the investigation on its own motion: High Court of Tripura

Narcotics Drugs and Psychotropic Substances Act, 1985, S.36A(4) – Application for extension of time for completing investigation – Investigating agency is not empowered to file any application for extension of time to complete the investigation on its own motion – Investigating agency must make a request to the Public Prosecutor or submit an application and report to the public prosecutor indicating reasons about the necessity for further detention of the accused-person involved in the special category of cases – Public prosecutor has to examine such application and/or report as submitted by the investigating agency applying his independent mind before he is satisfied that there are sufficient reasons to submit a report as envisaged under section 36A(4) of the act to the Special Judge – Application though routed through the public prosecutor , the same not satisfying the mandatory requirement and conditions as stipulated in section 36A(4) of the Act – Application not indicating even remotely any application of mind on the part of the public prosecutor – No specific reasons assigned and the progress of investigation not set out in the petition – Investigation not completed within 180 days – No report submitted by the public prosecutor complying with the requirements of section 36A of the Act – Special Judge extended the detention period of the accused-persons while rejecting their bail applications – Order of Special Judge held to be per se illegal and contrary to section 36A of the Act – Accused persons to be held entitled to be released on default bail.

SUBHADRA DEBBARMA VS. STATE OF TRIPURA