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This Criminal Revision case has been filed challenging the order of dismissal of statutory bail petition, dated 19.12.2022 passed by the Principal Special Court under EC & NDPS Act, Chennai. https://www.mhc.tn.gov.in/judis

2. The learned counsel for the petitioner submitted that the respondent police has registered a case against the petitioner along with other accused persons in Crime No.328 of 2022 for the offence under Sections 8 [c], 22 [c] and 29 [1] of the Narcotic Drugs and Psychotropic Substances Act, 1985 for illegal possession of 0.1 gram of Lysergide (LSD) and 8 Nos. of LSD Stamps (weighing 130 mg). The petitioner was arrested and remanded to judicial custody on 11.11.2022. The learned counsel further submitted that since the respondent Police has not filed final report within statutory period of 180 days, the petitioner/accused filed a petition in Crl.M.P.No.3214 of 2023, 12.05.2023 for statutory bail. The prosecution has filed a petition in Crl.M.P.No.2964 of 2023 under Section 36 [A] [4] of NDPS Act on 04.05.2023 which is before 180 days for extension of statutory period to complete the investigation. The learned Principal Special Judge passed a common order, allowing the extension application and dismissed the statutory bail application on 23.05.2023. It is the grievance of the petitioner that the learned Principal Special Judge, while deciding the application for extension of statutory period of investigation on 23.05.2023, neither the accused was heard https://www.mhc.tn.gov.in/judis before the Court either physically or virtually nor he was represented by the his counsel. In the absence of the accused, mere allowing the extension petition is a violation of principal laid down by the Hon'ble Supreme Court reported in 2022 SCC Online SC 1290 in Jigar alias Jimmy Pravinchandra Adatiya Vrs. State of Gujarat. Therefore, the petitioner is entitled for statutory bail. Thus, he seeks to set aside the impugned order and grant bail to the petitioner.

5. I have considered the submissions made on either side and perused the entire materials available on record.

6. On a perusal of records, it is seen that the respondent police has registered a case against the petitioner along with other accused persons in Crime No.328 of 2022 for the offence under Sections 8 [c], 22 [c] and 29 [1] of the Narcotic Drugs and Psychotropic Substances Act, 1985 for illegal possession of 0.1 gram of Lysergide (LSD) and 8 Nos. of LSD Stamps (weighing 130 mg). The petitioner was arrested and remanded to judicial custody on 11.11.2022. Since the respondent Police has not filed final report within statutory period of 180 days, the petitioner/accused https://www.mhc.tn.gov.in/judis filed a petition in Crl.M.P.No.3214 of 2023, 12.05.2023 for statutory bail. The prosecution has filed a petition in Crl.M.P.No.2964 of 2023 under Section 36 [A] [4] of NDPS Act on 04.05.2023 which is before 180 days for extension of statutory period to complete the investigation. On hearing both the applications, the learned Principal Judge on 23.05.2023, allowed the application filed for extension of statutory period for investigation and dismissed the bail application filed by the accused.