Patna High Court
Swati DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, holding that the procedural defaults entitled her to default bail under the NDPS Act.
Summary
Swati Devi sought bail in an NDPS case where the prosecution alleged recovery of 15 kg of ganja. The petitioner contended that no contraband was recovered, the seizure violated Section 105 of the BNSS, and the charge-sheet was filed without the mandatory FSL report and beyond the 180‑day period without any extension. Relying on prior High Court decisions interpreting Section 36(a) sub‑clause 4 and the proviso to Section 37(a) of the NDPS Act, the court examined whether the procedural defaults entitled the accused to default bail. The court found that the prosecution had not sought an extension for filing the charge‑sheet and that the procedural lapses were material. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, directing the petitioner to appear before the Special Judge, NDPS Act, Begusarai.
Issues considered
- Whether the accused is entitled to default bail when the charge‑sheet is filed after 180 days without an extension under Section 37(a) of the NDPS Act.
- Whether non‑compliance with Section 105 of the BNSS and the absence of an FSL report justify granting bail.
- Whether the quantity of narcotic (15 kg) constitutes a commercial quantity affecting bail considerations.
Legislation cited
Subjects
- bail
- NDPS Act
- default bail
- charge‑sheet delay
- procedural lapse
- commercial quantity
- narcotics
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41180 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Swati Devi S/o Late Vijay Yadav Resident of Village-South Badi Ballia, P.S.-
Ballia, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with NDPS Case No. 19 of 2026 arising out of Begusarai Town
P.S. Case No.77 of 2026 registered for the offence punishable
under Sections 8, 20(b)(ii)(B) of the NDPS Act.
3. The case of the prosecution, in short, is that from
possession of this petitioner altogether 15 kg of ganja was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. It has further been submitted
that the witnesses of the seizure list are police personnel and
Patna High Court CR. MISC. No.41180 of 2026(2) dt.29-06-2026
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police have not complied Section 105 of the BNSS while
making seizure. It has further been submitted that police have
submitted charge-sheet without FSL report. It has further been
submitted that the alleged recovery of the contraband is though
more than small quantity but is less than commercial quantity. It
has been submitted that the petitioner is having no criminal
antecedent and she is in judicial custody since 15.02.2026.
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
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
Patna High Court CR. MISC. No.41180 of 2026(2) dt.29-06-2026
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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. The application for bail is opposed by learned APP
for the State.
7. 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
District and Additional Sessions Judge 1st cum-Special Judge,
NDPS Act & P.O. of Children court, Begusarai in connection
with NDPS Case No. 19 of 2026 arising out of Begusarai Town
P.S. Case No.77 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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