Patna High Court
Ramvaran SinghversusThe Union of India, through the Secretary, Ministry of Home, Narcotics Drug control Bureau, Delhi
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Accused are entitled to default bail when the charge‑sheet is not filed within 180 days and no extension is obtained under Section 37(a) of the NDPS Act.
Summary
The petitioners, Ramvaran Singh and Naresh Kumar, drivers of a truck from which 367.9 kg of ganja was seized, were charged under Section 317(5) of the Bihar Narcotic Substances Act and Sections 8, 20(b)(ii)(b)C of the NDPS Act. They applied for bail, contending they had no knowledge of the contraband, possessed no criminal record, and had been in custody since 18‑12‑2024. The prosecution’s charge‑sheet was filed on 16‑03‑2025 without the required Forensic Science Laboratory (FSL) report, and no extension under Section 37(a) of the NDPS Act was sought despite the 180‑day filing deadline. Relying on earlier High Court decisions (Cr. Misc. No. 57651 of 2025 and Cr. Misc. No. 65898 of 2023) interpreting Section 36(a) sub‑clause 4, the Court held that the failure to file the charge‑sheet within the statutory period without a valid extension entitled the accused to default bail. Consequently, the Court ordered bail on a bond of Rs 10,000 with two sureties for each petitioner.
Issues considered
- The charge‑sheet was filed beyond the 180‑day period prescribed under the NDPS Act without a valid extension.
- Whether the absence of the FSL report and the delay justify granting default bail to the accused.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b)C, 36(a) sub‑clause 4, 37(a), 8
Subjects
- bail
- NDPS Act
- charge‑sheet delay
- default bail
- forensic science report
- commercial quantity
- drug trafficking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79133 of 2025
Arising Out of PS. Case No.-432 Year-2024 Thana- MOTIPUR District- Muzaffarpur
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1. Ramvaran Singh Son of Chhannu Singh Resident of village- Katethi Kanpur
Dehat PS- Gajner District -Kanpur State -Uttar Pradesh
2. Naresh Kumar Son of Horilal Sankhwar Resident Of Village- Golauli Saray,
Ps- Mussangar, Dist- Kanpur, State -UP
... ... Petitioner/s
Versus
1. The Union of India, through the Secretary, Ministry of Home, Narcotics
Drug control Bureau, Delhi New Delhi
2. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Mishra, Advocate
Mr. Sujeet Kumar, Advocate
Mr. Sonu Singh, Advocate
For the UOI : Mr. Dr. Krishna Nandan Singh (A.S.G.)
Mr. Niraj Kumar Sinha, Sr. S.C.G.
Mr. R. Sahay, Sr. C.G.C.
Mr. Arvind Kumar, C.G.C.
Fort the State : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 16-03-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the Union of India.
2. The petitioners have prayed for bail in connection
with NDPS Case No. 23 of 2025 arising out of Motipur P.S. Case
No. 432 of 2024 registered for the offence punishable under
Sections 317(5) of BNS and Sections 8, 20(b)(ii)(b) C of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from a
truck, altogether 367.900 kg of ganja was recovered. The
Patna High Court CR. MISC. No.79133 of 2025(6) dt.16-03-2026
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petitioners are said to be the driver and co-driver of the said truck.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Nothing has been recovered from their conscious possession
and they are ignorant of the alleged contraband. Petitioners are
having no criminal antecedent and they are languishing in judicial
custody since 18.12.2024. Learned counsel has further submitted
that from perusal of the diary, it will transpire that I.O. has
submitted charge sheet on 16.03.2025 without the FSL report as it is
clear from the FSL Report that the same was received in trial court
on 03.12.2025. Moreover, they are in custody since 18.12.2024.
5. Learned counsel for the petitioners has relied on an
order passed by this Court in Cr. Misc. No. 57651 of 2025 and in
that order, this Court has relied on an order of learned Co-ordinate
Bench of this Court passed 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 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
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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.
6. The application for bail is opposed by learned APP
for the State and learned counsel for the Union of India.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge, NDPS-II, Muzaffarpur in connection
with Motipur Case No. 432 of 2024.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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