When a person is charged under both Unlawful Activities Prevention Act, 1967 (hereinafter referred to as “UAPA, 1967”) and the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as “NDPS, 1985”), under Section 36A of the NDPS Act, 1985, further custody beyond the period of 180 days may be granted, held the Hon’ble High Court of Jammu and Kashmir.
In the instant case, Arshad Allie was accused under NDPS Act, 1985, and the remand was sought. In addition to this, the provisions of UAPA, 1967 were also put against him and the remand was obtained from the special National investigation agency Court.
Generally, under section 167 of Code of Criminal procedure, 1973 (hereinafter referred to as “Cr. P.C, 1973”) When a person is in custody, the investigation time relating to an offence punishable with death, life imprisonment, and imprisonment which is not less than the term of 10 years should not exceed fifteen days in the whole. But, the investigation time is extendable if the magistrate is satisfied with the adequate ground to the period of 90 days maximum.
Under Section 43D(2)(b) read with section 2(d) of UAPA Act, 1967 an extension beyond 90 to 180 days can be granted by any criminal court having jurisdiction to try the offence and Under section 36(A) of NDPS Act, 1985 the Hon’ble Court having jurisdiction can grant an extension beyond 180 days to 1 year to try the offence.
Subsequently, in the present case, the investigating agency approached the Hon’ble Court comprising of Hon’ble Principal Sessions Judge, Jammu, and Kashmir to seek an extension of the investigation period beyond 180 days under Section 36A of NDPS Act, 1985.
Moreover, the Hon’ble Court observed that the accused is accused of various offences under both NDPA Act, 1985 and UAPA Act, 1967 and it also has the Application for the extension of investigation period before the Hon’ble Sessions Judge under NDPS Act, 1985. Thus, Under Section 36(A)(4) of the NDPS Act, 1985 further custody beyond the period of 180 days may be granted and Section 36D also demands the non-constitution of Special Court, having jurisdiction upon Hon’ble sessions court.
