8 . The learned ASGI has further submitted and pointed out that as per the impugned order dated 28.02.2022, charge-sheet had not been filed as yet and that the jurisdictional Court then, as is apparent in the impugned order, had referred to section 36(A) of the NDPS Act. The learned ASGI has further submitted that if it is not possible to complete the investigation work in the said period of one hundred and eighty days, the Special Court may further extend the period up to one year under certain circumstances. The learned ASGI has further pointed out impugned order and that in MCA No. 513 of 2022, the accused was remanded on 27.11.2021 and then only 90 days had passed though 90 days remained. Considering all, the learned Special Judge (NDPS), Jamshedpur had held that the MCA No. 513 of 2022 is premature and not maintainable. The learned ASGI has further submitted that if a petition under section 167(2) CrPC is held not maintainable, it can only be challenged under section 482 CrPC and not under section 439 CrPC. The application made under section 167(2) CrPC is not for a regular bail. Under section 439 CrPC concurrent powers are given to both the High Court and the Sessions Court under special powers. Normally, any application, that is, filed under section 439 CrPC in the jurisdictional Court below is also challenged under section 439 CrPC in the High Court. In the present case, it was moved under section 167(2) CrPC.
