The right to default bail is an indefeasible right linked to Article 21 of the Constitution and is subject to the law and procedure laid down by the Legislature.

JUDGMENT :

A.K. Mohapatra, J.

1. The present criminal revision filed under Section 401 Cr.P.C. is directed against the order dated 31.08.2021, passed by the learned Sessions Judge-cum-Special Judge, Malkangiri in T.R. Case No.103 of 2020 registered under Sections 20(b)(ii)C/27-A/29 of the N.D.P.S. Act, which arises out of Mathili P.S. Case No.130 of 2020 registered on 14.09.2020. In the impugned order dated 31.08.2021, learned Special Judge, Malkangiri has refused to grant default bail under Section 167(2) of the Criminal Procedure Code.

2. The factual backdrop of the case in gist is that one Raghunath Majhi, IIC of Mathili Police Station has drawn a plain paper FIR on 14.09.2020 inter alia alleging that while he was performing the patrolling duty at NH-326 with his team near Forest Check Gate, Govindapally at about 8.45 P.M. they saw one two wheeler and one four wheeler vehicle came back to back towards them in high speed from Govindapally side. On seeing the police team, the head lights of the vehicles were switched off at a little distance. On suspicious, the police team proceeded towards the vehicles. On seeing the police team, the occupant of both the vehicles started running towards the jungle area. However, the police team managed to catch hold of two of them and the others managed to escape into the jungle by taking advantage of the darkness of the night. The two persons who were apprehended at the spot when asked about their fleeing from the spot, they could not give any satisfactory answer. Later on, they both confessed that they were carrying ganja inside the car as well as in the motorcycle without any valid license or documents for such illegal possession and transportation. On further interrogation, one of them disclosed his name was Atmaprakash (Petitioner No.1) and the other person was Kuldeep Rabat @ Kumar (Petitioner No.2). Further, on search of the vehicle, it was dictated by the police that they were illegally transporting contraband ganja in three packets. The total weight of which was about 60 kgs. 950 gms. They further disclosed that they were inside the card and Atmaprakash was driven the said car and Kuldeep Kumar was seated on the side of the driver in the front seat and Vinod who is the associate of Sankar Hindi was the pillion rider in the vehicle. The contraband ganja was procured from Malkangiri and Mahananda Mandal, Dillip Biswas, Nilakantha Basu of village MV-84 are the financers. Further it was disclosed that the consignment was to be delivered to one Ajay Verma of Faridabad, who had engaged these persons for transportation of ganja and he himself was waiting at Jeypore.

3. It is submitted by learned counsel for the Petitioners that the FIR was lodged at Mathili police station on 14.09.2020. On being arrested, the two accused persons were forwarded to court on 15.09.2020. It is further submitted by learned counsel for the Petitioners that after investigation, the I.O. has filed charge-sheet on 26.04.2021 under the aforesaid sections of the N.D.P.S. act.

4. It is submitted by learned counsel for the Petitioners that in view of the provision contained under Section 36-A (4) of N.D.P.S. Act, the charge-sheet in the present case should have been filed within 180 days from the date when the accused were remanded to the custody for the first time. He further contends that in view of the Section 36-A(4) of the N.D.P.S. Act, Section 167(2) of the Cr.P.C. stands modified and the I.O. is required to file charge-sheet within 180 days instead of 90 days as provided under Section 167(2) of the Cr.P.C. Therefore, he submits that the right is accrued to enlarge the Petitioners on bail in case the charge-sheet is not filed within 180 days from the date of first remand of the accused to custody. In the present case, the accused persons were first remanded to custody on 15.09.2020, therefore the period of 180 days as provided under Section 36-A(4) comes to an end on 13.03.2021. Since the I.O. could not submit the cha