Default bail in NDPS cases depends on strict compliance with statutory extension conditions before investigation time is enlarged.

In an NDPS prosecution involving alleged commercial quantity, the right to default bail under Section 167(2) remained enforceable when the final report was not filed within the permissible period and the statutory extension requirements were not properly met. The special extension beyond 180 days under Section 36A(4) depended on a Public Prosecutor's report showing investigation progress, specific detention reasons, and notice to the accused. Because the extension application was routine, the notice was not served, and the factual basis was inadequate, the extension order was set aside and bail was granted.

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Issues: Whether the petitioner was entitled to bail on the ground that the investigation report was not filed within the extended period and the order granting extension under the special statute was not in compliance with the statutory conditions.

Analysis: The petition involved a claim for default bail in an NDPS matter where commercial quantity was alleged, so the period for filing the final report could extend beyond 90 days to 180 days and further up to one year only if the statutory conditions were satisfied. The special extension under Section 36A(4) required a report of the Public Prosecutor showing progress of investigation, specific reasons for detention beyond 180 days, and notice to the accused. The record showed that the extension application was moved in a routine manner, the notice contemplated by the order was not served, and the factual foundation for extension was not properly established. The right to be released on bail under Section 167(2) was treated as enforceable once default occurred and remained available until the challan was filed.

Conclusion: The petitioner was entitled to bail, and the order extending time for filing the report was set aside.

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