Patna High Court
Pradeep Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to default bail because the charge‑sheet was filed beyond the 180‑day limit without a valid extension under the NDPS Act.
Summary
The petitioner, Pradeep Kumar Gupta, was arrested in connection with a seizure of 45.354 kg of ganja from a vehicle and charged under Sections 20(B)(ii)(C), 23(C), 25 and 29 of the NDPS Act. He contended that he was merely a passer‑by, not the driver or owner of the car, and that the charge‑sheet was filed without a forensic science laboratory (FSL) report. The prosecution had not filed any application for an extension of the statutory 180‑day period for filing the charge‑sheet under Section 36(a) of the NDPS Act. Relying on a prior Patna High Court decision, the court held that the failure to file the charge‑sheet within the prescribed period without a valid extension entitles the accused to default bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order effectively disposed of the bail petition.
Issues considered
- Whether the petitioner is entitled to bail when the charge‑sheet was not filed within 180 days under the NDPS Act.
- Whether the absence of an FSL report renders the charge‑sheet defective.
- Whether the prosecution’s failure to seek an extension under Section 37(a) of the NDPS Act justifies default bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(B)(ii)(C), 23(C), 25, 29, 36(a), 37(a)
Subjects
- bail
- NDPS Act
- charge‑sheet delay
- forensic science laboratory report
- default bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57651 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
Pradeep Kumar Gupta S/o Motilal Sah R/o Village- Basti Sewra, Pachnahiya,
Ward No.8, P.S.- Palnawa, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Narcotic Control Bureau, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Raxaul P.S. Case No. 88 of 2025/ N.D.P.S. G.R. Case No.
34 of 2025 registered for the offence punishable under Sections
20(B)(ii)(C), 23(C), 25 and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that
altogether 45.354 kg of ganja was recovered from a car.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that as
per the case of the prosecution, the driver of the vehicle started
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to flee away but he was apprehended by police with a car having
its registration no. DL3CAL-4879. It has further been submitted
that petitioner is neither the driver nor the owner of the car
rather he is a passerby and has been implicated in this case. It
has also been submitted that from perusal of the F.I.R. it will
transpire that it is the case of the prosecution that ganja like
contraband was recovered from the car. It has also been
submitted that from perusal of the F.I.R. it is clear that police
was not even having the kit to enquire whether the seized
material is ganja or not. It has also been submitted that in this
case charge-sheet has been filed without FSL report. Petitioner
is having no criminal antecedent and he is languishing in
judicial custody since 26.02.2025.
5. The report was called from the learned trial Court
regarding FSL. Learned trial Court has sent a report from
perusal of which it is clear that FSL report is not available on
the record. It means the charge-sheet was filed without the FSL
report.
6. Learned counsel for the petitioner has relied on a
case passed by the learned Co-ordinate Bench of this Court in
Cr. Misc. No. 65898 of 2023, wherein the Co-ordinate Bench
has opined that from reading of Section 36(a) sub-clause 4 of
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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 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 petitioners have been filed without FSL
report.
7. The application for bail is opposed by learned APP
for the State.
8. 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
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of the like amount each to the satisfaction of the learned
Sessions Judge/Special Judge, East Champaran, Motihari in
connection with Raxaul P.S. Case No. 88 of 2025/N.D.P.S. G.R.
Case No. 34 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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