These appeals arise out of the following facts The appellant was arrested on 12th February, 2007 for offences punishable under Sections 24, 29, 30 and 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter called the Act and was produced before the Special Judge who remanded him to judicial custody for fifteen days, the period being extended from time to time.
As the extended period would have expired on 2nd February, 2008, the Bureau, moved yet another application under Section 36A 4 of the Act which too was allowed on 30th January 2008 and the time for the companypletion of the investigation was extended to 13th February 2008, which would have statedly brought the total custody to 1 year and 2 days.
The appellant, aggrieved by the order of 7th June 2007, preferred a special leave petition in this Court on 10th July, 2007 which too was dismissed on 3rd December, 2007.
The appellant moved another application for bail under Section 36A 4 of the Act read with Section 167 2 of the Code on 4th February, 2008 on the plea that the investigation had number been companypleted within the stipulated period of time fixed by the Special Judge.
The appellant filed CRR No.765 of 2008 before the Calcutta High Court challenging the order dated 13th February, 2008 rejecting the application for bail.
The appellant also moved CRR No.411 of 2008 in the Calcutta High Court on 7th February, 2008 against the Order dated 30th January, 2008 whereby an extension of six months had been granted.
Both the matters came before the Division Bench and were dismissed by order dated 5th September, 2008.
On 6th August, 2008, a learned Single Judge of the Calcutta High Court released both the CRRs aforementioned for want of jurisdiction as they were required to be heard by a Division Bench.
The broad facts given above have number been companytroverted by the respondents.
The Special Judge allowed this application by Order dated 2nd August, 2007.
The companyplaint was also filed by respondent No.1 on the 7th February 2008.
This application was rejected on 28th May, 2007 whereafter the appellant moved the Calcutta High Court.
This application was rejected on 13th February, 2008.
Leave was granted in this matter on 5th December, 2008 and though, both the respondents i.e. the Narcotic Control Bureau and the State of West Bengal have been served, the former has number put in appearance despite the passage of almost a year.
This application was rejected on 7th June, 2007.
The present appeal has been filed impugning this order.
The appellant also moved an application for bail before the Special Judge.
He, at the very outset, pointed out that he felt gravely handicapped on account of the number appearance of respondent No.1, the primary party respondent, but he has chosen to go ahead as it appears that the first respondent was number interested in companytesting the case.
