Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A(4) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case – Default bail -- Extension of time for investigation for another 180 days – Report of Public prosecutor – Requirement of -- Application for extension reveals that it was prepared by the Investigating Officer and forwarded by the Public Prosecutor, with no report submitted by the Public Prosecutor as per the mandate of Section 36A(4) of the NDPS Act -- Held, there has thus, been a failure to adhere to the requirements outlined in section 36A(4) of the NDPS Act -- Order of the trial Court granting extension of time to the investigating agency for completing investigation was erroneous -- Consequently, the impugned order set aside -- As a sequel to the above, since the investigation remained incomplete on the day application u/s 167(2) of the Cr.P.C. was filed by the petitioner, he deserves to be enlarged on default bail – Default bail allowed.

(Para 11-14)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Default bail – Non-furnishing of bail bonds – Cancellation of bail – Permissibility of -- Non-presentation of final report within the stipulated period creates an indefeasible right in favour of the petitioner and which cannot be extinguished by subsequent filing of the final report -- Indefeasible right could not be extinguished merely because the petitioner could not furnish his bail bonds.

(Para 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A(4) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – NDPS case -- Default bail -- Extension of time – Time sought for collecting FSL report -- Two essential ingredients i.e. first,  the report of the Public Prosecutor suggests or indicates regarding the progress of the investigation and the second condition sine qua non is that specific reasons for the detention of the accused beyond the period of 180 days -- These two conditions are co-existent -- Non-satisfaction of even one condition will not give any entitlement to the prosecution for seeking an extension of 180 days -- Nothing stated in the report pertaining to progress of the investigation nor any reason has been given seeking detention of the accused -- Grant of bail under Section 167(2) Cr.P.C is a statutory and indefeasible right -- Petitioner ordered to be released on default bail.

(Para 10-15)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Constitution of India, Article 21 -- Default bail – Condition to furnish bail bond on same day – Permissibility of -- Learned JMIC imposed a condition that the bail and bonds to be furnished only on the same day by 4.30 p.m. – Held, at the time when default bail is granted then no such impractical, unreasonable and onerous time limit can be imposed for furnishing of bail and bonds -- Condition imposed is onerous, unreasonable and impractical and does not qualify the test of reasonableness under Article 21 of the Constitution of India – Petition allowed, condition imposed by the learned JMIC by which the petitioner was directed to furnish surety by 4.30 PM on the same day is also set aside.

(Para 19-26)

B. Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section, 167(2), 437, 438, 439 – Bail matters – Fundamental rights – Life and liberty of accused -- For the purposes of considering bail matters, the Fundamental Rights especially under Article 21 of the Constitution of India have to be always kept in mind since the personal liberty of an individual is involved -- Judicial officers of District Courts should have full expertise not only on the practical aspects but also on the academic aspects pertaining to the Fundamental Rights -- Registrar General shall coordinate with the Director of the Judicial Academy, Chandigarh for arranging orientation course on specialized subject of Fundamental Rights to all the judicial officers of District Courts across the States of Punjab, Haryana and UT, Chandigarh.

(Para 28-29)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) -- NDPS case – Challan without FSL – Default bail – Recovery of 154 Kgs of Ganja Patti -- As the challan had been filed without the FSL report, the petitioner would be entitled to be released on default bail in terms of Section 167(2) Cr.P.C -- Petition allowed.

(Para 11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 25, 36A(4) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 173 – NDPS Case -- Statutory/ Default bail  -- Accused gets an indefeasible right to the grant of bail on account of the default by the Investigating Agency in not presenting the report under Section 173 Cr.P.C. within the stipulated period -- Application for extension to file report u/s 173 Cr.P.C. was allowed and an extension of 90 days was granted, however in the revision said order set aside – Held, once High Court has held that the grant of extension of 90 days in presentation of the challan itself is bad in the eyes of law, the further detention of the petitioners would be in violation of Section 167(2) Cr.P.C. read with Section 36A (4) of the NDPS Act -- Petitioner ordered to be released on bail.

(Para 11, 12)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 13, 18, 20 -- Explosive Substances Act, 1908 (6 of 1908), Section 4, 5 – Default bail -- If on expiry of period of 90 days, from the causing of arrest of the accused concerned, no charge sheet is filed before the jurisdictionally competent court nor when any able extensions of time for the relevant time are granted, accused concerned entitled to claim default bail, from the jurisdictionally competent court.

(Para 10)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Sections 13, 18, 20 -- Explosive Substances Act, 1908 (6 of 1908), Section 4, 5 – Default bail -- Jurisdictionally competent court -- Accused arrested on 5.8.2022, instituted an application for default bail before SDJM on 5.11.2022 -- Period of 90 days had then elapsed -- However, the jurisdiction to enter upon a valid trial of UAPA offences became divested from the SDJM, became vested in the Designated Special Court – Application was dismissed with liberty to approach jurisdictionally competent court -- Fresh application for default bail moved before the learned ASJ on 11.11.2022 – In the meantime challan under Section 173 Cr.P.C. filed on 7.11.2022 – Default bail declined by Court -- Appeal dismissed -- Impugned order as passed by the learned ASJ upheld.

(Para 6, 13-21)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 173(8), 309(2) – Constitution of India, Article 21 – Incomplete charge-sheet – Statutory bail/ Default bail – Remand of accused -- Right of default bail u/s 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India -- It becomes essential to place certain checks and balances upon the Investigation Agency in order to prevent the harassment of accused persons at their hands. Held,

I. Without completing the investigation of a case, a chargesheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail under Section 167(2) of the CrPC.

II. Such a chargesheet, if filed by an investigating authority without first completing the investigation, would not extinguish the right to default bail under Section 167(2) CrPC.

III. The trial court, in such cases, cannot continue to remand an arrested person beyond the maximum stipulated time without offering the arrested person default bail.

(Para 32)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18, 21C, 22C, 29, 36A(4) – NDPS case – Default bail – Commercial quantity -- Challan without FSL report -- No application or report was filed by the Public Prosecutor as per the requirement of Section 36A(4) of NDPS Act within prescribed statutory period of 180 days – Report of FSL still awaited -- Report of the FSL goes to the root of the case and is a material document, challan without the same is not to be treated as complete challan – Order rejecting default bail to the petitioner set aside and he is ordered to be released on default bail.

(Para 6-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Statutory/ Default bail -- Two extensions granted by the Court not challenged by the petitioner at that stage – Second extension was in presence of accused -- When the chargesheet has been filed within the period of extension, the accused is not entitled to be released on statutory/default bail.

(Para 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36-A, 15, 61, 85 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 173 -- NDPS case – Challan without FSL report -- Default bail -- Case under the NDPS Act cannot be established without firstly and most importantly identifying the contraband -- Therefore no Court can possibly take cognizance of an offence under the NDPS Act without an FSL report -- Petition allowed, petitioner ordered to be released on bail.

(Para 17,18)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 437(5), 439(2) --  Default bail – Cancellation of bail after charge-sheet -- Mere filing of the chargesheet subsequent to a person is released on default bail u/s 167(2) Cr.P.C. cannot be a ground to cancel the bail -- However, on filing of the chargesheet on conclusion of the investigation, if a strong case is made out and on merits, it is found that he has committed a non-bailable offence/crime, on the special reasons/grounds and considering Section 437(5) and Section 439(2) Cr.P.C, over and above other grounds on which the bail to a person, who is released on bail can be cancelled.

(Para 8-10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Sections 167(2), 439, 401 -- NDPS case  -- Recovery of 42 kgs. and 530 grams of opium – Regular bail -- Revision against dismissal of application for default bail – Challan without FSL -- Without commenting anything on the merits and without referring to the fact that whether the petitioner is entitled to default bail under Section 167 (2) Cr.P.C. or not, considering the facts that the petitioner is not involved in any other case; he is in judicial custody for the last more than 01 year and conclusion of trial is likely to take some time as even charges have not been framed so far, the petition disposed of and the petitioner ordered to be released on regular bail.

(Para 1-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 173 -- NDPS case – Challan without FSL report -- Default bail -- SHO moved an application before the expiry of period of 180 days and the learned Addl. Sessions Judge on the same date sought report from the learned P.P. and on the same date allowed the application for grant of extension of time for a further period of two months but without giving any notice to the petitioner in this regard -- Condition of giving notice to the accused has to be satisfied as observed in Sanjay Kumar Kedia’s case 2009 (17) SCC 631 -- Ld. Addl. Sessions Judge while dismissing the application for grant of default bail although referred to the judgment in Sanjay Kumar Kedia’s case has not followed the judgment in true perspective -- Revision petition allowed, the petitioner ordered to be released on default bail u/s 167(2) of the Cr.P.C.

(Para 7-10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20-B, 36-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – NDPS case – Default bail -- Recovery of 2 kilograms and 200 grams of 'Ganja' – Challan without FSL -- Report of the FSL forms the foundation of the case of prosecution and in case the same is not there the entire case of prosecution falls to ground -- Court deemed appropriate to extend the concession of bail in terms of Section 167(2) Cr.P.C. to the petitioner while also keeping in view the fact that the petitioner has been behind bars since the last more than 4 months.

(Para 1, 9-11)

Code of Criminal Procedure, 1973 (2 of 1974), Sections 167(2), 173(5)  – Challan without FSL -- Default bail – Life of default bail -- Trial Court, while allowing the application u/s 167 (2) Cr.P.C. read with Section 173 (5) Cr.P.C., granted default bail to the petitioner, but put a condition that bail order will remain operative till the time, FSL report is submitted – In similar circumstances, CRR-353-2022 disposed of in terms of Suresh v. State of Haryana, CRR 1135 of 2020 wherein the petitioner was permitted to be conditionally released on bail with clarification that in case of any different result comingforth from that in the decision in Ajit Singh alias Jeeta's case, the State would be at liberty to seek cancellation/modification of the order, if warranted at that stage -- Petition disposed of in the same terms as in CRR-353-2022.

(Para 3-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22(C), 27A/61/85, 36A(4) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167 (2) -- NDPS case – Default bail -- Commercial quantity –  Challan without FSL report -- No application was moved by the public prosecutor under Section 36A(4) NDPS Act seeking the detention of the accused beyond the period of 180 days – Further, no report of public prosecutor indicating the progress of investigation – Held, report of FSL goes to the root of the case and is a material document and as such, filing of challan without the same is not to be treated as complete challan – Impugned order rejecting default bail to the petitioner set aside and the petitioner ordered to be released on default bail.

(Para 5-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A(4), 37  -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case – Commercial quantity – Challan without FSL report – Application for extension of time by SHO -- Default bail -- Petitioner was sent to custody on 23.09.2021, challan was presented on 17.03.2022, without FSL report -- Along with the challan application u/s 36A(4) NDPS Act seeking extension of time filed -- Said application was not forwarded by the public prosecutor or additional public prosecutor --  Law requires that such an application should be supported by a report of public prosecutor, which indicates the progress of the investigation and further specify the compelling reasons for seeking the detention of the accused beyond the period of 180 days – No such report of public prosecutor was filed along with the application – Held, request for extension of time made by the prosecution agency was not in accordance with law -- Impugned order rejecting default bail to the petitioner set aside and the petitioner ordered to be released on default bail.

(Para 5-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36(A) (4) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case -- Default bail – Special court dismissed the application for default bail -- No FSL report was presented with challan, nor the same was presented uptil the time of the passing of the impugned order and the same was filed subsequent to the application filed u/s 167(2) Cr.P.C and passing of the impugned order – Petitioner in custody since 04.07.2020 i.e. 1 year and 10 months and there are as many as 28 witnesses, none of whom have been examined yet and thus, the conclusion of trial is likely to take time -- Co-accused granted interim bail by Hon'ble Supreme Court of India – Revision petition allowed at this stage and the petitioner is ordered to be released on bail conditionally subject to the satisfaction of the concerned trial Court/Duty Magistrate -- In case, the question of law is held against the present petitioner and is contrary to the law laid down in Ajit Singh alias Jeeta's case, (2018) Law Today Live Doc. Id. 14121 then, the State would be at liberty to seek cancellation/ modification of this order, if warranted at that stage.

(Para 11-13)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A(4), 37  -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case -- Default bail -- FIR is dated 3.7.2021 when the petitioner was arrested -- Challan was presented on 30.12.2021 -- For the purpose of calculating the period of 180 days, the same is to be reckoned from the date of remand in custody i.e. 4.7.2021 and not from the date of arrest i.e. 3.7.2021 – While calculating from 4.7.2021, 180 days are completed on 30.12.2021 -- Challan has been presented on the last day i.e. on 30.12.2021 afternoon and, therefore, it cannot be said that the challan was presented after a period of 180 days – Order of ASJ dismissing application u/s 167(2), upheld.

 (Para 1-5)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 17, 36A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case -- Default bail – Calculation of 180 days -- Petitioner was released on interim bail prior to the expiry of the period of 180 days -- Petitioner surrendered after the presentation of the challan with FSL report -- Period of interim bail is liable to be excluded and, therefore, the petitioner is not entitled for the default bail u/s167(2) of the Code of Criminal Procedure.

(Para 10)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 17, 37 -- Recovery of 5 kg. 40 grams of opium – Commercial quantity – As per the FIR it was a case of chance recovery and still provisions of Section 50 of the NDPS Act was complied with by calling the gazetted officer and the search was made in his presence -- No ground for making any departure from the aforesaid bar contained under Section 37 of the NDPS Act – Bail petition dismissed.

(Para 13, 17, 18)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(C), 36(4), 36-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – NDPS case -- Default bail – Challan without FSL Report -- Expiry of 180 days -- Petitioner was arrested on 02.10.2020 and had moved an application under Section 167(2) Cr.P.C. on 21.05.2021. i.e. after the expiry of 180 days -- Challan was prepared on 14.11.2020 and was presented on 24.11.2020 and no FSL report has been presented in the Court till date -- Petitioner has been in custody since 02.10.2020 i.e. 1 year and 4½ months and there are as many as 12 witnesses, none of whom have been examined yet and thus, the conclusion of trial is likely to take time, moreso, in view of the present COVID-19 pandemic situation – Revision allowed at this stage and the petitioner is ordered to be released on bail – In case question of law is held against the present petitioner and is contrary to the law laid down in Ajit Singh alias Jeeta's case, then, the State would be at liberty to seek cancellation/modification of this order, if warranted at that stage. Suresh’s case, (2020) Law Today Live Doc. Id. 15648 & Ajit singh @ Jeeta’s case (2018) Law Today Live Doc. Id. 14121 relied.

(Para 7, 8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21(C) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – FSL report awaited – Interim bail -- In view of the judgment rendered in Inderjeet Singh @ Laddi case 2014(3) RCR (Criminal) 953 and that the petitioner herein has been in custody since 17.09.2021 and that FSL report is still awaited and the trial will commence only after receipt of the FSL report, no useful purpose would be served in keeping the petitioner behind bars -- At this stage, without commenting on the merits of the case, petition is disposed of and the petitioner is directed to be released on interim regular bail.

(Para 5, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 17, 61, 85 – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 173 -- NDPS case – Default bail -- 1.5 kg. opium (non-commercial quantity) was recovered from the dickey of the scooter – Petitioner was a pillion rider – FSL had not been filed along with the challan – Petitioner would be entitled to be released on default bail in terms of Section 167(2) Cr.P.C -- Petitioner ordered to be released on default bail.

(Para 6-14)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Interim bail – Challan without FSL report -- In view of the judgment rendered in Inderjeet Singh @ Laddi's case 2014(3) RCR (Criminal) 953, and the facts that the petitioners in custody since 27.07.2021 and FSL report is still awaited and the trial will commence only after receipt of the FSL report, no useful purpose would be served in keeping the petitioners behind bars -- Petitioners directed to be released on interim bail till the FSL report is received.

(Para 5, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20(b), 36-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – NDPS case – Recovery of 1kg 600 grams of ganja -- Challan filed without FSL report – FIR is dated 22.12.2020, challan is stated to have been filed on 11.02.2021 -- FSL report not been filed till date – Petitioner would be entitled to be released on default bail in terms of Section 167(2) Cr.P.C -- Petitioner ordered to be released on default bail.

(Para 2, 5, 13)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) -- NDPS case – Challan without FSL Report -- Default bail -- Recovery of 7000 tablets of ‘Clovidol-10 SR’ (Tramadol Hydrochloride) -- Supreme Court and also a full Bench of High Court have held that a challan even if not accompanied by a report of the Chemical Examiner or of the expert cannot be said to be incomplete, however, the said cases did not pertain to an offence under the NDPS Act -- A case under the NDPS Act can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally got done through FSL established by the Government -- Report of the FSL forms the foundation of the case of prosecution and in case the same is not there the entire case of prosecution falls to ground – Since there are some conflicting judgments of High Court and the matter stands referred to a Division Bench and is still sub-judice, Court deemed appropriate to extend the concession of bail in terms of Section 167(2) Cr.P.C. to the petitioner while also keeping in view the fact that the petitioner has been behind bars since the last more than 9 months and is not stated to be involved in any other case -- Petition accepted.

(Para 10-12)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Default bail -- Application for default bail filed, there was no challan u/s 173 Cr.P.C against the petitioner, who was in custody for a period of 94 days – Held, Court below has erred in denying default bail on the ground that evidence had already been collected and a challan presented against the other co accused and, therefore, since evidence was available – Challan presented against the co-accused clearly stated qua petitioner that he is yet to be arrested and separate challan would be prepared and presented against petitioner -- An indefeasible right accrues – No provision in the Criminal Procedure Code authorising detention of an accused in custody after the expiry of the period indicated in proviso to sub-section (2) of Section 167 excepting the contingency indicated in Explanation I, namely, if the accused does not furnish the bail -- Petition allowed, petitioner is directed to be enlarged on bail.

(Para 9-11)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 406, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Default bail – Bail granted by JMIC u/s 167 (2) Cr.P.C. on 22.6.2021 on account of failure of the investigating agency to file challan within the prescribed period -- Requisite bonds were not furnished on behalf of the petitioner-accused on that very day, rather, on 25.06.2021, when an application was filed on behalf of petitioner/accused for furnishing of requisite bail bonds, the application was dismissed for the reason that the investigating agency had filed the challan on 22.06.2021, after passing of the order -- Impugned order cannot be sustained – Petition allowed.

(Para 2-7)

Indian Penal Code, 1860 (45 of 1860), Sections 147, 148, 149 & 302 IPC (Section 120-B of IPC added later on) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 439 -- Murder case -- Challan without FSL – Default bail – Right of -- FSL is a material piece of evidence to establish the case of the prosecution, but in every case, it cannot be said that in the absence of the report of FSL, the challan has to be treated as 'incomplete' – In a murder case, while the report of FSL in respect of examination of clothes of the deceased as regards presence of blood stains or viscera report would furnish a material piece of evidence, but the case of the prosecution cannot be said to be absolutely demolished in the absence of such evidence – In such like cases, the absence of FSL report cannot be interpreted to mean that an 'incomplete' challan has been filed so as to extend the benefit of default bail to the accused -- Petition dismissed – The order would not affect the right/s of the petitioner seeking grant of regular bail in terms of Section 439 Cr.P.C.

(Para 7, 8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 43D(2) – Default bail – Extension of time for challan granted -- Since the Challan was not presented till 05.08.2020, the appellant moved an application on 06.08.2020 u/s 167(2) Cr.P.C. praying for default bail -- Prayer of the prosecuting agency for extension of time to present the Challan was granted vide order dated 07.08.2020, which has, since, attained finality – Appellant was/is not entitled to the relief of default bail.

(Para 14)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- Interim bail – FSL report awaited – Recovery of 750 tablets of Clovidol 100 SR – Petitioner is in custody since his arrest on 30.03.2021 –Report of the FSL being unnecessarily delayed and the petitioner not being involved in any other case, the petitioner is ordered to be released on interim bail till the receipt of the report of the FSL – In case of the report of the FSL being against the petitioner, the petitioner would forthwith surrender before the learned trial Court.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Section 377, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Rape case -- Statutory bail – Addition of offence – Status of bail -- Statutory bail once granted to an accused u/s 167(2) of the Cr.P.C. cannot be cancelled even if his complicity has transpired subsequently during investigation in any offence of a more serious nature, provided that such serious offence is found to have been committed only in the same case, and not any other/different case – Petitioner originally granted statutory bail for the offence u/s 4 of the POCSO Act, 2012 along with Section 377 of the IPC, although subsequently the Final Report was submitted against him for the offences u/s 377 and 506 of the IPC along with Section 6 of the POCSO Act, 2012 -- Petitioner now permitted to be released on same bail terms, subject to an additional conditions.

(Para 3-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167 -- NDPS case – Default bail -- FIR was registered on 17.11.2020 and the FSL report has not yet been received -- Petition allowed, petitioner shall be released on interim bail, however order shall remain in operation only till the receipt of FSL report.

(Para 2, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22-C -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case – Recovery of commercial quantity – Challan without FSL report -- Default bail – Regular bail -- Petitioner was found in possession of 1000 intoxicating tablets of Tramadol Hydrochloride 100 mg SR Tablets Radol-100, which fall in the commercial quantity -- FSL report not filed along with the challan -- Public Prosecutor did not make any application or report to the Special Court concerned under the provisions of Section 36(A)(4) of the NDPS Act seeking extension of time for filing the FSL report – Held, indefeasible right of the petitioner to grant of default bail u/s 167(2) read with Section 439 Cr.PC has accrued -- In the absence of FSL report not being a part of the challan, it would be deemed to be an incomplete challan, hence, entitling the petitioner to the grant of default bail -- Petition allowed.

(Para 3-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case -- Interim bail -- Chemical Examiner/FSL awaited -- In view of the judgment of this Court in Inderjeet Singh @ Laddi’s case 2014 (3) RCR (Criminal) 953, wherein it has been held that awaiting the report of Chemical Examiner/FSL, the sentence of the petitioner can be suspended till receiving of such report -- Accordingly, petition allowed and the petitioners are directed to be released on interim bail till receiving of the FSL report.

(Para 6)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Default bail – Other criminal cases – Effect of -- Involvement of the petitioner in other criminal cases is not a bar to grant of compulsive bail, which is an indefeasible right and accrues in favour of the accused on account of default by the Investigating Agency.

(Para 9)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21(b), 31, 36-A -- Indian Penal Code, 1860 (45 of 1860), Section 188 -- Disaster Management Act, 2005 (53 of 2005), Section 51-B – NDPS case – Default bail -- Petitioner is in custody since more than nine months and that the trial is likely to take time to conclude, the impugned order passed by Ld. Additional Sessions Judge is set aside -- Petitioner is ordered to be released on bail on his furnishing heavy bail bonds/surety with an undertaking to the effect that he will not indulge in sale, purchase or trade of any prohibited substance and in case he violates the undertaking, it will be open to the prosecution to seek cancellation of bail -- Liberty granted to the State to seek modification of this order or cancellation of bail, in case the outcome of the case in the reference in Julfkar’s case is different than the decision in Ajit Singh alias Jeeta’s case

(Para 10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 437(6) –Magistrate Trial -- Trial not concluded in 60 days – Right to Bail -- Contention that petitioner is in custody since 06.12.2019; he is not involved in any other case and despite the offences being triable by the Court of Magistrate; investigation has not been concluded within a period of 60 days after first date of recording the evidence i.e. 02.01.2020 – State has not disputed the factual position -- Out of total 21 prosecution witnesses, only 01 PW has been examined so far -- Petitioner is in long custody, due to COVID-19 situation, trial is not proceeding further -- Petition allowed -- Order passed by the Chief Judicial Magistrate, set aside and the petitioner is granted bail u/s 437 (6) Cr.P.C.

(Para 3-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – NDPS case – Challan without FSL report – FSL report presented after 180 days -- Default bail -- Petitioner is entitled to be released on bail considering the fact that the challan presented without being accompanied by the FSL report, would be treated to be an incomplete challan.

(Para 4)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 20, 25, 27-A, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case -- Challan without FSL – Default bail -- Following the dictum of Court in Suresh’s case (2020) Law Today Live Doc. Id. 15648 and considering the fact that the petitioner, who has unblemished antecedents, is in custody since more than nine months and that the trial is likely to take time to conclude, the impugned order set aside – Petitioner is ordered to be released on bail -- Liberty to the State to seek modification of this order or cancellation of bail, in case the outcome of the case in the reference in Julfkar’s case (2020) Law Today Live Doc. Id. 15385 is different than the decision in Ajit Singh alias Jeeta’s case (2018) Law Today Live Doc. Id. 14121.

(Para 9, 10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 25, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case -- Challan without FSL report – Interim bail -- Petitioner directed to be released on interim bail till receiving of the FSL report -- Petitioner shall submit an undertaking before the trial Court along with his bail/surety bonds that he will surrender before the trial Court on receiving the report of FSL. Inderjeet Singh @ Laddi’s case, 2014 (3) RCR (Criminal) 953 relied.

(Para 1-5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 437, 439 -- Default bail – Appellant held entitled for bail u/s 167 Cr.P.C., however High Court ordered that he can be re-arrested after charge sheet is filed – Held, filing of charge sheet by itself cannot be a ground for cancellation of bail.

(Para 2, 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 173, 401 – NDPS case – Challan without Forensic Science Report -- Default bail -- Challan prepared and filed in the Court  -- Application for grant of bail u/s 167(2) Cr.P.C. for the reason that report from Forensic Science Laboratory had not been attached with challan was dismissed by learned Judge, Special Court – Held, law is well settled that the revisional jurisdiction of High Court is quite limited – Court did not find any illegality or infirmity with the impugned order much less apparent on the face of it -- Order is certainly not in violation of settled principles of criminal jurisprudence – No reason to upset the impugned order – Revision petition dismissed.

(para 3-10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Interim bail -- FSL report in the case has not been received so far -- Petitioner deserves the concession of interim regular bail till receipt of FSL report -- Petitioner is ordered to be released on interim regular bail till receipt of FSL report -- On receipt of FSL report, the petitioner shall apply for regular bail before the trial Court. Inderjeet Singh @ Laddi’s case 2014(3) RCR (Criminal) 953 relied.

(Para 4-7)

Code of Criminal Procedure, 1973 (2 of 1974), Sections 167(2), 439(2) -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22, 28, 29 – NDPS case -- Default bail -- Cancellation of -- Bail granted under Section 167(2) Cr.P.c. could have been cancelled under Section 439(2) Cr.P.C. -- Appellants to file regular bail application u/s 439 Cr.P.C. afresh, which may be considered on merits and be decided expeditiously.

(Para 10-13)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(C), 36-A -- Drugs and Cosmetics Act, 1940 (23 of 1940), Section 18(A), 18(C) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Default bail – Challan without FSL -- Petitioner ought to be granted bail in any case since he has already remained in detention for more than 8½ months and there is no involvement in any other case under the NDPS Act, and on account of on-going Covid-19 Pandemic, the trial which could not commence is likely to take a considerable time in its completion.

-- Validity of Division Bench's decision in Ajit Singh alias Jeeta's case  (Law Today Live Doc. Id. 14121) cannot at this stage be said to be altogether beyond controversy, since the matter has now been referred for consideration afresh in view of the decision in Julfkar's case (Law Today Live Doc. Id. 15385) which has subsequently been followed in the case of Rinku vs. State of Haryana (Law Today Live Doc. Id. 15615).

Criminal Revision allowed at this stage and the Petitioner is permitted to be conditionally released on bail to the satisfaction of the Ld. Trial Court concerned. In case of any different result coming forth from that in the decision in Ajit Singh alias Jeeta's case, the State would be at liberty to seek cancellation/modification of the order, if warranted at that stage.

(Para 9, 10)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 447, 471, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 437(6), 439 -- 2nd petition for regular bail – Trial not concluded in 60 days – Right to bail -- Petitioner filed second petition on account of a right which has accrued to him under Section 437(6) Cr.P.C. and also in view of the fact the petitioner is in custody for the last 01 year and about 08 months; he is not involved in any other case; the custodial interrogation of the petitioner is not required and the conclusion of the trial will take some time -- Petition allowed -- Petitioner is directed to be released on bail.

(Para 12)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – NDPS case – Default bail -- Recovery of 1300 tablets of Alprozolam and 1000 tablets of Tramadol Hydrochloride -- Incomplete challan was presented in the Court -- No request was submitted to the said Court by the Investigating Agency seeking extension of time for the purpose of investigation of the case -- On the expiry of a period of 180 days, the accused has invoked the jurisdiction of the Court seeking default bail – Subsequent presentation of the report of FSL will not extinguish the right of the petitioner to seek a default bail -- Petitioner held entitled to the benefit of default bail.

(Para 14-16)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167 (2) – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A (4) -- Default bail – Compulsive bail – In common legal parlance, the right to bail under the Proviso to Section 167(2) is commonly referred to as ‘default bail’ or ‘compulsive bail’ as it is granted on account of the default of the investigating agency in not completing the investigation within the prescribed time, irrespective of the merits of the case. Held,

-- Once the accused files an application for bail u/s 167(2) he is deemed to have ‘availed of’ or enforced his right to be released on default bail, accruing after expiry of the stipulated time limit for investigation. Thus, if the accused applies for bail under Section 167(2), CrPC read with Section 36A (4), NDPS Act upon expiry of 180 days or the extended period, as the case may be, the Court must release him on bail forthwith without any unnecessary delay after getting necessary information from the public prosecutor, as mentioned supra. Such prompt action will restrict the prosecution from frustrating the legislative mandate to release the accused on bail in case of default by the investigative agency.

-- The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filing of the chargesheet or a report seeking extension of time by the prosecution before the Court; or filing of the chargesheet during the interregnum when challenge to the rejection of the bail application is pending before a higher Court.

-- However, where the accused fails to apply for default bail when the right accrues to him, and subsequently a chargesheet, additional complaint or a report seeking extension of time is preferred before the Magistrate, the right to default bail would be extinguished. The Magistrate would be at liberty to take cognizance of the case or grant further time for completion of the investigation, as the case may be, though the accused may still be released on bail under other provisions of the CrPC.

-- Notwithstanding the order of default bail passed by the Court, by virtue of Explanation I to Section 167(2), the actual release of the accused from custody is contingent on the directions passed by the competent Court granting bail. If the accused fails to furnish bail and/or comply with the terms and conditions of the bail order within the time stipulated by the Court, his continued detention in custody is valid.

(Para 6, 18)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A (4) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case -- Appellant was remanded to judicial custody on 04.08.2018, hence the mandatory period of 180 days prescribed for filing of final report u/s 167(2), CrPC (excluding the date of remand) was completed on 31.01.2019 – Appellant-accused had exercised his option to obtain bail by filing the application at 10:30 a.m. on the 181st day of his arrest, i.e., immediately after the court opened, on 01.02.2019 -- Public Prosecutor had not filed any application seeking extension of time to investigate into the crime prior to 31.01.2019 or prior to 10:30 a.m. on 01.02.2019 -- Public Prosecutor participated in the arguments on the bail application till 4:25 p.m. on the day it was filed -- It was only thereafter that the additional complaint came to be lodged against the Appellant – Held, appellant-accused was deemed to have availed of his indefeasible right to bail, the moment he filed an application for being released on bail and offered to abide by the terms and conditions of the bail order, i.e. at 10:30 a.m. on 01.02.2019 – Petitioner was held entitled to be released on bail notwithstanding the subsequent filing of an additional complaint.

(Para 3.3, 3.4, 17-19)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 437 -- Default bail – Condition to deposit Rs.8,00,000/- – Permissibility of – Held, only requirement for getting the default bail/statutory bail u/s 167(2), Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be -- And within 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail -- Imposing such condition while releasing the accused on default bail/statutory bail would frustrate the very object and purpose of default bail under Section 167(2), Cr.P.C. -- Condition imposed by the High Court is unsustainable and deserves to be quashed and set aside – Condition quashed and set aside.

(Para 9-11)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Default bail -- Condition directing the appellant to report before the concerned police station daily at 10:00 a.m., until further orders, for interrogation is concerned is unsustainable, as it is too harsh -- Instead, condition which can be imposed is directing the appellant to cooperate with the investigating officer in completing the investigation and to remain present before the concerned police station for investigation/interrogation as and when called for, and on breach the investigating officer can approach the concerned court for cancellation of the bail – Condition modified by Supreme Court.

(Para 10)