Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 480 & 483 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 36A(4) – Statutory Bail – Commercial quantity – Failure to file petition seeking extension of remand – No extension granted by Special Court – Accused in custody beyond 180 days – Indefeasible right to bail – Conditions imposed – Held, petitioner entitled to be enlarged on bail.

Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 480 & 483 –
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 36A(4) –
Statutory Bail – Commercial quantity – Failure to file petition seeking extension of remand – No extension granted by Special Court – Accused in custody beyond 180 days – Indefeasible right to bail – Conditions imposed – Held, petitioner entitled to be enlarged on bail.

Held:
Where the accused in an NDPS case involving commercial quantity has remained in judicial custody beyond the statutory period of 180 days, and no application seeking extension of remand has been filed before the Special Court and no extension of time for investigation has been granted under Section 36A(4) of the NDPS Act, the accused acquires an indefeasible right to statutory bail.
Substantial investigation completed and seven material witnesses examined; accused having a fixed abode; no likelihood of tampering with evidence or influencing witnesses. Bail granted subject to stringent conditions.