2026:UHC:2492 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.602 of 2026 Hon’ble Alok Mahra, J. Mr. Gaurav Nagpal and Mr. Amit Tyagi, Advocates for the applicant. Mr. V.S. Pal, A.G.A. and Mr. Prabhat Kandpal, Brief Holder for the State of Uttarakhand. 2. The present criminal misc. application has been filed by the applicant seeking quashing of the order dated 11.03.2026 passed on the Time Extension Application in Case Crime No. 249 of 2024, pending before the Court of learned Special Judge, N.D.P.S. Act, Dehradun. 3. It is contended that the applicant was arrested in connection with the alleged recovery of contraband of commercial quantity. As per law, the Investigating Officer was required to submit the charge sheet within a period of 180 days, extendable up to one year by the Special Court upon a report of the Public Prosecutor indicating the progress of investigation and specific reasons for continued detention. It is submitted that instead of completing the investigation within the stipulated period, the Investigating Officer moved an application seeking extension of time, which was allowed by the learned Special Judge vide order dated 11.03.2026. Hence, this criminal misc. application. 4. Learned counsel for the applicant submits that the impugned order is legally unsustainable, as it has been 2026:UHC:2492 passed in a mechanical manner without recording specific and cogent reasons, and without proper application of judicial mind, as required under law. It is further submitted that upon expiry of 180 days, the applicant had accrued an indefeasible right to be released on default bail under Section 187(3)(i) of BNSS read with Section 36A(4) of the N.D.P.S. Act, which could not have been defeated by an improper extension of time. 5. Per contra, learned State counsel has apprised the Court that after receipt of the F.S.L. report, the charge sheet has already been filed against the applicant before the competent court on 23.03.2026. 6. Having considered the submissions advanced and perused the record, this Court finds that the extension of time was granted by the learned Special Judge in exercise of powers conferred under Section 36A(4) of the N.D.P.S. Act. The record reflects that the application for extension was moved through the Public Prosecutor indicating the progress of investigation, including the pendency of the F.S.L. report, which constituted a valid ground for seeking extension. Moreover, it is not in dispute that prior to any crystallization of the right of default bail, the charge sheet has already been filed on 23.03.2026 after receipt of the F.S.L. report. In such circumstances, the alleged indefeasible right claimed by the applicant does not survive, particularly when the extension order had already been passed by the competent court. 7. No patent illegality, perversity, or jurisdictional error is found in the 2026:UHC:2492 impugned order warranting interference by this Court in exercise of its inherent jurisdiction. 8. Accordingly, the present criminal misc. application, being devoid of merit, is liable to be dismissed and is, hereby, dismissed. (Alok Mahra, J.) 08.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d ddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9 87446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.09 10:08:48 +05'30'