The main legal point established in the judgment is that the extension of time for investigation under Section 36A of the NDPS Act must be based on a report from the public prosecutor indicating the progress of the investigation and specific reasons for detention beyond the prescribed period, and cannot be implied.

JUDGMENT

1. The Applicant has challenged the legality of the orders dated 11/5/2020 and 15/05/2020 passed by the learned N.D.P.S. Special Judge, Pune, in CNR No.MHPU01-005675 of 2020.

2. The Applicant is named as an accused in Cr. No. 14 of 2019 registered by (Narcotics Cell), Customs Pune. The case of the prosecution, in brief, is that on 12/11/2019 the Narcotic Cell at Pune received specific information that the Applicant herein was engaged in selling Mephedrone (MD) and LSD stamps from the Clover Highland, NIBM Road, (near Dorabjee Stores) Pune to potential customers in Pune area. On the same day i.e. 22.11.2019, the officers of Customs Narcotics Cell, Pune searched the aforesaid premises under Panchanma and recovered from the applicant transparent plastic pouch containing off white coloured powder like substance and a pouch containing some stamp like substances. The substance was tested using Field Testing Kit and the same tested positive for Mephadrone and LSD Lysergic Acid. The off white coloured substance purported to be Mephadrone weighing 54 gms, valued at Rs.3,24,000/- and 416 perforated stamps purported to be LSD Lysergic Acid valued at Rs.20,80,000/- was seized and FIR was registered against the Applicant for offences under for offences under sections 8 (c), 21 (b), 29 (1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 herein after referred as NDPS Act. The Applicant was arrested on 12/11/2019 and was produced before the remand Court on 13/11/2019. She has been remanded to judicial custody from time to time.

3. The period of 180 days, as prescribed under sub section (4) of Section 36A of NDPS Act for completing the investigation/ filing complaint was to expire on 11.05.2019. On 08/05/2020, before the expiry of 180 days of detention, the learned App submitted an application for extension of the period to complete the investigation and to file the complaint. Extension was sought mainly on the ground of inability to summon and record the statements of the persons alleged to have abetted the accused and for non availability of of Chemical Analyses Report and Call Detail Report due to disruption caused by Covid 19 situation. Reliance was also placed on order dated 23/3/2020 passed by the Hon'ble Supreme Court in Suo Moto Writ Petition (civil) No.3 of 2020 extending the period of limitation w.e.f.23/3/2020 until further orders, to obviate difficulties faced by the litigants due to Covid 19 situation.

4. The learned Spl. Judge considered the prayer for extension on 11.5.2020 and passed the following order:_

"Perused the Application. In suo moto WP (Civil) No(s). 3/2020 the Hon'ble Apex Court has extended period of limitation in all proceedings. Therefore, there is no need for passing extension order by this court, since the limitation stands extended by the order of the Hon'ble Apex court."

5. On 12.05.2020, the Applicant filed an Application for Bail No.1710/2020 under Section 167(2)Cr.P.C. r/w Section 36A of the NDPS Act. It was contended that the order of the Hon'be Apex Court in suo moto petition was not applicable in as much as it does not extend the period for filing the charge sheet. It was further contended that the Applicant has right to be heard on the question of extension of period of investigation.

6. The prosecution resisted the application mainly on the ground that the Applicant was arrested for offences involving commercial quantity of contraband substance. It was further contended that that in view of the directions issued by the Hon'ble Supreme Court, the limitation period for filing the complaint stood extended and hence the application for default bail was not maintainable.

7. By the impugned order dated 15/05/2020, the learned Judge dismissed the application for bail. The relevant portion of the impugned order reads thus:

"6. In suo moto, Writ Petition (Civil) No.(3)/2020), the Hon'ble Apex Court has extended the period of limitation. On 06/05/2020 the Inspector of Customs, Pune had made a