ORDER :

This criminal revision under Section 397/401 of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") has been filed assailing the order dated 03.10.2023 (Annex.A/1) passed by learned Special Judge, NDPS Act, Sidhi in connection with Crime No.294/2023 for commission of offence under section 8,21,22 and 29 of NDPS Act whereby application filed by the applicant under section 167(2) of Cr.P.C for grant of default bail has been rejected on the ground that though charge sheet has not been filed within a period of 90 days but time granted for filing the charge sheet had already been extended to 180 days by the incharge court.

2. As per prosecution story in the intervening night of 17/18-06.2023, 10 gram smack was seized from the possession of the applicant. The seized quantity of contraband was higher than the minimum quantity but less than the commercial quantity.

3. Learned counsel for the applicant has argued that applicant was arrested on 17/18-06.2023 in connection with Crime No.294/2023 of P.S.Bahari District Sidhi for offence punishable under section 8, 21, 22 and 29 of NDPS Act. He was produced before the court on 18.06.2023 and since then he is in judicial c