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Patna High Court

Sushila DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail because the charge‑sheet was filed beyond the statutory period without a valid extension and procedural deficiencies, and the fundamental right to liberty overrides the statutory embargo.

Summary

The petitioner, Sushila Devi, sought regular bail in a case under Sections 8 and 20(b)(ii)(c) of the NDPS Act where 191.3 kg of ganja was allegedly recovered from her hut. The defence argued that the seizure list was prepared before the information was received, the recovery was from a hut not a house, and the charge‑sheet was filed without the mandatory forensic science laboratory (FSL) report, violating procedural requirements. It was also highlighted that the charge‑sheet was filed beyond the 180‑day period prescribed by Section 36(a) sub‑clause 4 of the NDPS Act without any extension application by the public prosecutor. The court relied on its earlier judgments and Supreme Court precedents stating that prolonged detention infringes Article 21 and that statutory embargo can be overridden in such circumstances. Considering these lapses, the court held that the petitioner was entitled to bail and ordered her release on furnishing a bail bond with sureties.

Issues considered

  • Whether the petitioner is entitled to bail under the NDPS Act when the charge‑sheet is filed beyond the 180‑day period without an extension.
  • Whether the absence of an FSL report in the charge‑sheet bars the grant of bail.
  • Whether the statutory provisions of the NDPS Act can be overridden by the fundamental right to liberty under Article 21.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • charge sheet delay
  • Article 21
  • fundamental rights
  • forensic report
  • default bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15434 of 2026
                        Arising Out of PS. Case No.-189 Year-2024 Thana- BELA District- Sitamarhi
                 ======================================================
                 Sushila Devi W/O Rajaram Mandal R/O Village- Gamhariya, Ward No.-05,
                 P.S- Bela, Distt.- Sitamarhi.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jagjit Roshan, Advocate
                                                   Mr. Shashank Shekhar, Advocate
                                                   Mr. Anjani Kumar, Advocate
                 For the Opposite Party/s :        Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   16-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 8 and 20(b)

                   (ii)(c) of the Narcotic Drugs and Psychotropic Substances (in

                   short ‘NDPS’) Act, 1985.

                                 3. The case of the prosecution, in short, is that from

                   the hut of the petitioner, altogether 191.3 kg of ganja was

                   recovered.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of this petitioner and the
Patna High Court CR. MISC. No.15434 of 2026(3) dt.16-04-2026
                                            2/4




          petitioner is a lady. From perusal of the seizure list, it will

          transpire that the seizure list was prepared on 09.08.2024

          whereas the information was received to police at 10.08.2024 at

          1:30 AM. Learned counsel has submitted that the seizure was

          prepared prior to the information. He has further submitted that

          the recovery has been made from the hut not from the house. He

          has further submitted that police has submitted charge sheet

          without the FSL report which is apparent from the charge sheet.

          The FSL report is of 14.11.2024 whereas the charge-sheet was

          filed on 08.10.2024. The sample was sent to the FSL after delay

          of one month. Moreover, the petitioner is languishing in judicial

          custody since 10.08.2024 having no criminal antecedent.

                       5. Learned counsel for the petitioner has further relied

          on an order of this Court passed in Cr. Misc. No. 84487 of 2024

          and in that order, this court has relied on an order of the learned

          co-ordinate Bench of this Court passed in Cr. Misc. No. 65898

          of 2023 wherein the learned co-ordinate Bench has opined that

          from reading of Section 36(a) sub-clause 4 of the NDPS Act, it

          appears that in the case of offence punishable under Section 19

          or Section 24 or Section 27(a) or for offences involving

          commercial quantity, the charge-sheet can be submitted within

          180 days and if the charge-sheet is not submitted within 180
Patna High Court CR. MISC. No.15434 of 2026(3) dt.16-04-2026
                                            3/4




          days, the accused person is entitled for default bail. The proviso

          to Section 37(a) speaks that public prosecutor may take an

          extension of time for filing the charge-sheet and 180 days time

          can be extended for a period up to one year. After the public

          prosecutor files that progress report of the investigation and

          gives specific reasons for detention of the accused beyond the

          said period of 180 days. In the present case, the Special Public

          Prosecutor has not filed any application for extension of period

          of the charge-sheet and the charge-sheet as per the contention of

          the petitioner has been filed without FSL report.

                       6. In the case of Rabi Prakash v. the State of Odisha,

          Hon’ble Supreme Court has held that the prolonged

          incarceration generally militate against the most precious

          fundamental right guaranteed under Article 21 of the

          Constitution of India and in such situation, the conditional

          liberty must override the statutory embargo created under

          Section 37 sub-clause 1(b) of the NDPS Act. The charge-sheet

          filed without FSL report does not ipso facto creates any

          embargo against the fundamental right of a citizen enshrined in

          Article 21 of the Indian Constitution.

                       7. Learned counsel has also relied on an order of the

          Hon’ble Supreme Court passed in Special Leave to Appeal
            Patna High Court CR. MISC. No.15434 of 2026(3) dt.16-04-2026
                                                        4/4




                      (Crl.) No. 7049 of 2025.

                                   8. Learned APP for the State has vehemently opposed

                      the prayer for bail and has submitted that in this case out of

                      eight witnesses, six have been examined.

                                   9. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Bela P.S. Case No. 189 of 2024 on furnishing bail bond of

                      10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional

                      Sessions Judge-II, Sitamarhi.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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