Shyam Kumar MehtaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59831 of 2025
                         Arising Out of PS. Case No.-39 Year-2024 Thana- Basmatia District- Araria
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                 Shyam Kumar Mehta S/O Nandlal Mehta R/O Village- Kosikapur,
                 Banelipatti, Ward No. 13, P.S- Birpur, Distt.- Supaul        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :         Mr. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

7   24-02-2026                  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 N.D.P.S. Act.

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

                   Scorpio vehicle was intercepted and in that Scorpio on the rear

                   seat altogether 98 kg of ganja was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is the owner and driver of the vehicle. It has further

                   been submitted that nothing has been recovered from the

                   possession of this petitioner. Learned counsel for the petitioner

                   has further submitted that the witnesses of the seizure list are

                   police personnel and police has not complied Section 105 of the

                   BNSS while making seizure. It has further been submitted that
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          from perusal of the supplementary diary it will transpire that the

          I.O. has received the FSL report regarding the contraband on

          30.05.2025. It has further been submitted that prior to this date,

          cognizance was taken by the learned trial court and even

          charges were framed against the petitioner. It has further been

          submitted that the I.O. has filed charge-sheet without FSL

          report. Learned counsel for the petitioner has submitted that the

          petitioner is having no criminal antecedent and he is in judicial

          custody since 23.09.2024.

                       5. Learned counsel for the petitioner has 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
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          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 vs. 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 APP for the State has vehemently opposed

          the bail.

                       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
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                      petitioner is directed to be released on bail in connection with

                      Basmatiya P.S. Case No. 39 of 2024 on furnishing bail bond of

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

                      each to the satisfaction of learned Sessions Judge-cum-Special

                      Judge, NDPS Act, Araria.



                                            (Ashok Kumar Pandey, J)
durgesh/-
U      T