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Patna High Court

Swati DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                        3/3




                      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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