IMPORTANT POINT
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the conditions for granting extension of time for investigation under Section 36-A(4) of NDPS Act.

JUDGMENT :

(Prayer: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records in Crl.M.P.No.10030 of 2023 and set aside the impugned order dated 06.01.2024 passed by the learned Principal Sessions Judge under EC & NDPS Act, Chennai and further enlarge the petitioners on bail.)

1. The petitioners/A1 & A2 filed a statutory bail in Crl.M.P.No.10030 of 2023 in Crime No.442 of 2023 before the learned Principal Special Judge, Principal Special Court Under EC & NDPS Act, Chennai. The learned Judge vide order, dated 06.01.2024 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/A1 & A2 for offence under Sections 8(c), 20(b)(ii)(C), 25 & 29(1) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and 120B IPC in Crime No.442 of 2023. Since the investigation not completed and charge sheet not filed, the petitioner on 181st day filed statutory bail under Section 167(2) Cr.P.C., through online on 24.12.2023. Earlier to it, the respondent Police filed a petition under Section 36-A(4) of NDPS Act on 178th day i.e., on 21.12.2023 seeking extension of statutory period of investigation for further 180 days. The respondent Police filed a petition seeking extension of time in Crl.M.P.No.10019 of 2023 on 21.12.2023. The Court below by common order, dated 06.01.2024 allowed the petition filed by the prosecution seeking extension of time for investigation and dismissed the petition filed by the petitioners for statutory bail under Section 167(2) Cr.P.C. 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 Additional Public Prosecutor appearing for the respondent Police filed counter and submitted that on 26.06.2023 at about 17.40 hours, when the Sub Inspector of Police was in station duty, he received a secret information about illegal transport of narcotic substances. Based on the information, he along with his Police team went to the scene of occurrence viz., Manjampakkam partking yard near service road. At that time, three unknown persons standing near a vehicle viz., Mahindra XUV-500 bearing Reg.No.TN-14-S-2540. The respondent Police caught hold of them and enquired. During enquiry, it came to know that the said three persons are the petitioners/A1 & A2 one Sadiq Basha/A3. On search, they were in possession of 120 kgs of Ganja, immediately, they were arrested, confession statement recorded which reveals that as per the instruction of A4, the petitioners have purchased the contrabands from Hussain at Andhra Pradesh. Then, the respondent Police took 12 samples of Ganja each 50 grams and remaining kept in the same bag and the same was seized under seizure mahazar in presence of witnesses. Based on the above complaint, FIR in Crime No.442 of 2023 for offence under Sections 8(c), 20(b)(ii)(C), 25 & 29(1) of NDPS registered. On the same, the accused were arrested and produced before the Magistrate for remand. On 26.07.2023, the seized contraband sent to the Forensic Science Laboratory, Chennai for chemical analysis and the report received on 22.09.2023. During the course of investigation, the respondent Police arrested A4 and A5 and their confession statements recorded.

4. He further submitted that the charge sheet ought to be filed before the concerned court with