Default bail follows when NDPS investigation extension lacks the mandatory Public Prosecutor's report and statutory reasons.

Section 36A(4) of the NDPS Act permits extension of investigation time beyond 180 days only on a report of the Public Prosecutor showing investigation progress and specific reasons for continued detention. An application moved by the Additional Public Prosecutor without the required Public Prosecutor's report does not satisfy this statutory condition, so the extension order cannot stand. If the prescribed period expires without a valid extension, the accused becomes entitled to release on default bail under Section 167(2) CrPC. The stated conclusion is that the extension was invalid and default bail followed.

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Issues: Whether extension of time for investigation under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act could be granted without the report of the Public Prosecutor, and whether the accused became entitled to bail under Section 167(2) of the Code of Criminal Procedure, 1973.

Analysis: The statutory scheme permits extension beyond 180 days only on the report of the Public Prosecutor indicating the progress of investigation and specific reasons for further detention. The application in the present case was moved by the Additional Public Prosecutor, but no report of the Public Prosecutor accompanied it. In the absence of that essential requirement, the extension order could not stand, and once the prescribed period expired without a valid extension, the accused acquired the statutory right to release on bail.

Conclusion: The extension of time was invalid and the petitioner was entitled to default bail.

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