NDPS | 180 Days Means 180 Days — No Extension, No Custody : AP High Court Grants Statutory Bail in 184 Kg Ganja Case

“Indefeasible right to bail accrues the moment 180 days lapse without extension under Section 36A(4) NDPS Act”, In a significant enforcement of statutory bail rights under the NDPS Act, the Andhra Pradesh High Court has held that an accused is entitled to release if the charge sheet is not filed within 180 days and no valid extension order exists — even in commercial quantity narcotics cases.

Dr. Justice Y. Lakshmana Rao ordered the release of the petitioner, accused No.7, in a case involving seizure of 184 kg of ganja at Gajuwaka, Visakhapatnam.

Court on Section 36A(4) NDPS Act: No Prosecutor’s Report, No Detention Beyond 180 Days

The Court emphasised: “Section 36A(4) of the NDPS Act states that if the investigation is not completed within 180 days, the petitioner… has an indefeasible right to bail, unless the Special Court extends the period… on the report of the Public Prosecutor.”

Here, the petitioner had been in custody since 11 February 2025. The statutory period ended on 10 August 2025. No application from the Public Prosecutor seeking an extension up to one year — as permitted for commercial quantity cases — was filed before the Special Court.

The Court thus found the continued detention illegal, granting bail despite the seriousness of the allegations.

No Risk of Witness Tampering — All Witnesses Are Officials

Rejecting the State’s argument that release might hamper the investigation, the Court noted that all witnesses cited by the prosecution were official witnesses. This significantly reduced the risk of interference, especially when the statutory right to bail had already crystallised.

The Court directed the petitioner to:

• Execute a ₹50,000 personal bond with two sureties;

• Appear before the SHO every Saturday;

• Not leave the district without court permission;

• Surrender his passport; and

• Not commit similar offences or influence witnesses.

This order reinforces that statutory bail is not discretionary — it is a right triggered automatically once the statutory investigation period expires without a validly granted extension. Defence lawyers should closely monitor custody dates in NDPS cases, especially where the quantity seized is “commercial,” to immediately move for bail on the 181st day if no extension order exists.

Date of Decision: 11 August 2025