IMPORTANT POINT
The main legal point established is that the accused has an indefeasible right to default bail under Section 167(2) Cr.P.C. and the NDPS Act, and this right should not be denied due to delays or the actions of the prosecution.

JUDGMENT :

(Prayer: Criminal Revision is filed under Section 397 and 401 of the Cr.P.C. to call for the records and set aside the order dated 12.01.2024 of the learned Principal Special Court under EC and NDPS Court at Chennai in Crl.M.P.No.9686 of 2023 and enlarge the petitioner on bail in Crime No.264 of 2023 pending on the file of the respondent.)

1. The petitioners have filed a statutory bail in Crl.M.P.No.9868 of 2023 in Crime No.264 of 2023 before the learned Principal Special Court under EC and NDPS Court at Chennai The learned Judge vide order, dated 12.01.2024 dismissed the same, against which, the present Criminal Revision Case.

2. The learned counsel for the petitioners submitted that the respondent Police registered a case against the petitioners for offence under Sections 8(c), r/w 20(b)(ii)(C), 29(I) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') in Crime No.264 of 2023. The accused were arrested on 18.06.2023. Since the investigation not completed and charge sheet not filed, the petitioners on 181st day filed statutory bail under Section 167(2) Cr.P.C., on 15.12.2023. Earlier to it, the respondent Police filed a petition under Section 36-A(4) of NDPS Act on 173rd day i.e., on 11.12.2023 in Crl.M.P.No.9594 of 2023 seeking extension of statutory period of investigation for further 180 days. Notice was served on 19.12.2023. Finally, on 12.01.2024 a common order in both the petitions passed allowing the extension of period of investigation in Crl.M.P.No.9594 of 2023 and dismissing the statutory bail of the petitioners in Crl.M.P.No.9686 of 2023. The learned counsel further submitted that in view of the decision of Hon'ble Apex Court in the case of “M.Ravindran Versus Intelligence Officer, Directorate of Revenue Intelligence reported in (2021) 2 Supreme Court Cases 485” and this Court in “Ajith Versus State Rep. by The Inspector of Police, E-9, Thazhambur Police Station, Chennai-600130 in Crl.R.C.No.924 of 2023, dated 22.06.2023” followed the “Judgebir Singh @ Jasbir Singh Samra @ Jasbir & Ors., Versus National Investigating Agency in Criminal Appeal No.1011 of 2023” the impugned order passed by the Court below is not legally sustainable.

3. The learned Government Advocate [Crl. Side] appearing for the respondent Police filed a counter and submitted that on 18.06.2023 at about 5.00 hours, the defacto complainant/Sub-Inspector of Police, attached to the respondent Police Station was on duty, at that time, he received a secret information about illegal transport of narcotic substance, based on that, he went along with police team to the scene of occurrence i.e., nearby Gummidipoondi Kattukollai Street. At that time, the petitioners came from there suspiciously. When they saw the Police team, they tried to escape from the spot and the respondent police secured him and conducted search and seized 36 Kgs Ganja from the accused person under seizure mahazar in presence of witnesses. Thereafter, the Inspector of Police arrested the accused and recorded their confession statements. After that, the arrested accused along with the seized contrabands taken to the respondent Police station. A case was registered in Crime No.264 of 2023 for offence under Sections 8(c) r/w 20(b)(ii)(C), 29(I) of NDPS At, 1985 against the accused persons on 18.06.2023 and remanded them to judicial custody.

4. He further submitted that the charge sheet ought to be filed before the concerned court within 180 days. On 11.12.2023, the learned Special Public Prosecutor filed extension application of statutory period of investigation under Section 36-4(A) of NDPS Act before the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai on 177th day. On 19.12.2023, the respondent Police served summon to the accused and obtained an acknowledgment. Thereafter, the respondent Police produced the acknowledgment before the Court below in Crl.M.P.No.9594 of 2023 in Crime No.264 of 2023 and the same