JUDGMENT :

Ajit Borthakur, J.

Heard Mr. N. Uddin learned counsel for the accused petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State respondent.

2. By this petition under Sec. 439 Cr.P.C., the accused-petitioner, namely, Mahmudul Hussain Khan @ Mahmudul Hasan Khan, has prayed for grant of bail in connection with Dhubri P.S. Case No.1997/2021 under Sec. 22 ( c) of the NDPS Act.

3. The scanned copy of the petition filed by the investigating officer, as called for, by order, dtd. 30/8/2022, is received.

4. Mr. N. Uddin, learned counsel for the accused petitioner, submits that the accused has been in judicial custody for 273 days despite he was entitled to be released on default bail under Sec. 36 A (4) proviso of the NDPS Act as he completed the statutory period of detention on 19/6/2022 on completion of 180 days in judicial custody since his remand. Mr. Uddin submits that as required, the learned Public Prosecutor did not submit any report indicating the progress of investigation for extension of time beyond 180 days for completion of investigation and no notice of hearing was given to the accused. Mr. Uddin submits that instead thereof, the investigating officer