Default bail under the Criminal Procedure Code applies to narcotics arrests when the complaint is not filed in time.

The default-bail proviso in section 167(2) of the Code of Criminal Procedure applies to arrests under the Narcotic Drugs and Psychotropic Substances Act because the special statute expressly adopts section 167 and does not exclude the proviso by express language or necessary implication. The bail restrictions in section 37 govern grant of bail on merits, but they do not regulate the maximum period of custody during investigation. Where the complaint is not filed within the prescribed period, the accused retains the statutory right to release on bail if bail is furnished.

---

---

Issues: Whether the proviso to section 167(2) of the Code of Criminal Procedure, 1973 applies to a person arrested for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 so as to confer a right to release on bail on expiry of the prescribed period if the complaint is not filed within that period.

Analysis: Section 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 expressly applies section 167 of the Code of Criminal Procedure, 1973 to persons accused of offences under the Act, and section 36-C further provides that the provisions of the Code, including provisions as to bail and bonds, apply save as otherwise provided in the Act. Section 51 also adopts the Code so far as it is not inconsistent with the Act. The special bail restrictions in section 37 of the Act operate when bail is considered on merits; they are directed to the grant of bail and are comparable to the restrictions under section 437 of the Code. They do not regulate the outer limit of custody during investigation under section 167(2). No provision in the Act expressly excludes the proviso to section 167(2), nor does such exclusion arise by necessary implication. The absence of a TADA-type provision extending the period of remand supports that construction.

Conclusion: The proviso to section 167(2) of the Code of Criminal Procedure, 1973 is applicable to arrests under the Narcotic Drugs and Psychotropic Substances Act, 1985, and expiry of the prescribed period without filing the complaint entitles the accused to be released on bail if bail is furnished.

Final Conclusion: The special bail regime under the Narcotic Drugs and Psychotropic Substances Act, 1985 does not displace the statutory right to release flowing from default under section 167(2) of the Code of Criminal Procedure, 1973; the appeals accordingly fail.

Ratio Decidendi: Where the special statute expressly applies section 167 of the Code and does not by express provision or necessary implication exclude its default-bail proviso, the accused remains entitled to release on expiry of the statutory period despite separate merits-based bail restrictions in the special law.

---