JUDGMENT :

Subhasis Dasgupta, J.

1. The impugned order dated 2nd January, 2021 passed by the learned Judge, Special Court under NDPS Act cum Additional District Judge, 2nd Court, Behrampore, Murshidabad in NDPS Case No. 157 of 2020 under Section 21(C)/29 of NDPS Act, rejecting the prayer for default bail upon extending the period of investigation, in application of the provisions under Section 36-A (4) proviso of NDPS Act is a subject of challenge in this revisional application.

2. Petitioner was arrested on 05.07.2020 and produced before the learned ACJM Lalbagh, Murshidabad on 06.07.2020 for the alleged recovery of contraband, above the commercial quantity.

3. Mr. Anjan Bhattacharya, learned advocate representing the petitioner submitted that neither issuing any notice of hearing as regards the prayer for extension of period of investigation beyond the statutory period, nor causing production of the petitioner (custody accused) on the scheduled date, the prayer for extension of statutory period of investigation was accorded making violation of the settled proposition of law.

4. Mr. Bhattacharya further contended that the indefeasible right of the petitioner to be released on bail alre