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Resham Bai vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Secs. 167(2)–Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 36(4)–Default bail–Entitlement–Application for the extension for the period of investigation was filed by the Investigation Officer and not by the Public Prosecutor–Role of Public Prosecutor was only to submit it–Further, the accused was not given the opportunity of hearing before allowing the application–Impugned order is illegal and against the law–Applicant is entitled for getting the default bail.