The right to default bail arises after 180 days of custody without filing a chargesheet, unless timely application for extension of investigation is made and granted.

ORDER :

1. Heard Ms. S. Nongsiej, learned counsel for the petitioner who has submitted that the petitioner being aggrieved by the order dated 18.07.2023 passed by the learned Special Judge (NDPS) in DRI Case No.07/CL/NDPS/GANJA/DRI/SHG/2023-24 has now approached this Court with a prayer for quashing and setting aside the said order impugned herein.

2. It is the submission of the learned counsel that the petitioner was arrested by the officers of the Directorate of Revenue Intelligence (DRI), Shillong Regional Unit on 14.01.2023 and was remanded to judicial custody on the same day. The petitioner is still under custody till date, his custody being extended from time to time on prayer of remand.

3. The petitioner being in custody for more than 180 days, therefore on 14.07.2023 an application for grant of default bail was preferred before the trial court, the application being registered as Bail Application No. 174(H) 2023 wherein the learned Special Judge had posted the matter for hearing on 18.07.2023.

4. It is also mentioned that the DRI on an application made under Section 36A(4) of the NDPS Act dated 12.07.2023 had also made a prayer before the trial court to allow extension of the period of investigation by 90 days. The said application was also finally heard on 18.07.2023.

5. The learned Special Judge vide related order dated 18.07.2023 has allowed the prayer for extension of the period of investigation by another 45 days effective from 13.07.2023.

6. By another order of even date that is, on 18.07.2023 passed in Bail Application No. 174(H) 2023, the learned Special Judge has rejected the prayer made therein by observing that the court having extended the period of investigation for another 45 days and further remand of the accused beyond the period of 180 days being allowed, the grant of default bail to the accused person does not accrue.

7. The learned counsel has submitted that the observations made and the rejection of the application for grant of default bail by the learned Special Judge has been made on a wrong assumption of the facts and the settled legal position governing the provision of default bail.

8. It is the contention of the learned counsel that the mandatory period of 180 days stipulating the time within which the chargesheet should be filed in cases under the NDPS Act involving investigation in case of seizure of commercial quantity of narcotic substance as far as the case in hand is concerned has expired on 12.07.2023. On the 180^th day no chargesheet has been filed instead an application for extension of time to file the same has been preferred. The learned Special Judge immediately on receipt of the said application has not passed any order but has finally passed the same only on 18.07.2023, that is, after 6 days when the right to default bail has accrued. In the meantime, the petitioner being entitled to default bail since the chargesheet has not been filed within or on the 180^th day, on the 182^nd day, that is, on 14.07.2023, the petitioner has accordingly preferred the said application for grant of default bail. The learned Special Judge having failed to pass any effective order on the application for extension of time for further investigation, even if such application is pending consideration at the time when the application for grant of default bail was made, it is incumbent upon the learned Special Judge to allow the prayer for grant of default bail, s