1. The application in Crl.O.P.No.5235 of 2004 is filed by the A-1 and Crl.O.P.No.779 of 2005 is filed by A-2, seeking bail for the alleged offences under Sections 8(c) r/w 21(a) of NDPS Act 1985 and s.174, Cr.P.C. in Crime No.238/2004, on the file of the respondent police.

2. The learned counsel would contend that even though the petitioners are implicated for the alleged offences and the quantity of the contraband is a Commercial quantity, they pray for the grant of bail, by virtue of powers under Section 167(2), Cr.P.C r/w 36-A (4) of N.D.P.S. Act, 1985. In this connection, the learned counsel for the petitioners would contend that even though an application was filed on 29.10.2004 for grant of bail after the lapse of statutory period of 180 days, the Special Court rejected the said application, which is contrary to law. According to him, when an application was filed on 29.10.2004 for grant of statutory bail, the respondent police has not chosen to file any application seeking extension of time as contemplated under Section 36(A)(4) of NDPS Act. However, the respondents have filed the application only on 1.11.2004 and the same was also considered along with the applic