The main legal point established in the judgment is that failure to complete investigations within the stipulated period entitles the accused to default bail under Section 167(2) of the Cr.P.C.

JUDGMENT

Sureshwar Thakur, J. - The instant petition is directed against the impugned order, as made by the learned Additional and Sessions Judge, Fatehabad, on 11.11.2021, wherethrough, he declined to grant the craved for indulgence of de-fault bail to the petitioner herein, in case arising out of FIR No.219 of 24.09.2020, registered at Police Station Sadar Tohana, District Fatehabad, wherein offences constituted under Sections 22-C, 27-A of NDPS Act, are embodied.

2. From the alleged conscious, and, exclusive possession of the petitioner, and, co-accused, at the crime site, recovery became effected of 700 strips (containing 10 tablets each) of Tramadol Hydrochloride Tablets 100 mg. Clovidol-100 SR bearing batch No.TVD-20301, MFG-AUG-2020, EXP-JUL- 2023 (total 7000 tablets), hence weighing 3 kg 714 grams. The weight of the seizure makes it fall within the ambit of commercial quantity thereof, and, thereons the rigor of Section 37 of NDPS Act are applicable, and, prima-facie the present bail petitioner, is not entitled, to his becoming admitted to regular bail.

3. However, since the investigating officer, from the date of registration of FIR against the present bail petitioner, inasmuch as on 25.09.2020, did not proceed to, within the ambit of the statutory contemplation carried in sub-Section 4 of Section 36A of NDPS Act, provisions whereof stands extracted hereinafter, rather file a complete challan, before the learned trial Judge concerned, and, nor asked hence on any valid credible grounds, qua extension of time nor when any affirmative order became made on the prosecutor's application (supra). Therefore, the petitioner through his casting an application under Section 167(2) of the Cr.P.C., claimed indulgence qua his being admitted to default bail.

"Section 36A (4) of NDPS Act

(4) In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving commercial quantity the references in sub-section (2) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974) thereof to "ninety days", where they occur, shall be construed as reference to "one hundred and eighty days":

Provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days."

4. However, as above stated a dis-affirmative order, became drawn thereons, on 11.11.2021. The petitioner becomes aggrieved from the above order, and, hence has proceeded to assail it, through his constituting the instant petition before this Court.

5. The statutory necessity as contemplated in the above extracted provisions, rather becomes cast in a per-emptory language, and, requires the makings of strictest compliance thereto, whereupon it becomes encumbered, upon the investigating officer concerned, to within 180 days, as, commencing from the opening of investigations, to complete them, through his instituting a report before the jurisdictionally empowered Court, yet the proviso thereunderneath, gives leverage to the learned public prosecutor concerned, and, also to the learned trial Judge concerned, to on credible grounds, hence erected on the factum of the apposite delays, becoming occasioned in the makings, of a report by the Chemical Examiner concerned, upon the stuff concerned, given the heavy docket existing thereins, rather to grant the apposite extension, but not for a tenure exceeding one year from the date of the commencement of investigations, as become commenced, on the registration of the FIR against accused concerned. Moreover, also the above made order would become valid, and, well founded, only when a prior thereto notice becomes served, qua the accused, upon the apposite application of the public prosecutor