IMPORTANT POINTS
(1) Right to default bail under proviso (a) to Section 167(2) of Cr.P.C. is absolute. It is a legislative command and not Court’s discretion.
(2) Even one additional or different fact may make a big difference between conclusion in two cases.

JUDGMENT

Sanjay Kumar Singh, J.—Heard Mr. Deelip Kumar, learned Senior counsel assisted by Mr. Ram Prakash Dwivedi and Mr. Manish Kumar learned counsel for the applicant and Mr. Krishna Agarawal, learned counsel appearing on behalf of opposite party/(Union of India through Central Bureau of Narcotics, Gwalior). Perused the record.

2. In the present case applicant is accused for the alleged offence under Section 8/22 and 30 of the N.D.P.S. Act and is aggrieved on account of refusing default bail to him under Section 167(2) of the Code of Criminal Procedure, by the trial Court vide order dated 17.07.2020.

Suo Motu order dated 23.03.2020 passed by the Hon’ble Supreme Court, In Re : Cognizance for Extension of Limitation.

3. Here it would be apt to mention that applicant is in jail since 22.10.2019 and before expiry of 180 days (i.e. on 19.4.2020) limitation period for completing investigation, as provided under Section 36A(4) of the N.D.P.S. Act, the Apex Court considering the situation arising out of challenge faced by the country on account of Covid-19 virus passed the order dated 23.03.2020 in Suo Motu Writ Petition (Civil) No(s). 3/2020 extending the period of limitation prescribed under the general law of limitation or special laws (both Central and/or State) w.e.f. 15.03.2020 till further order/s. The aforesaid order dated 23.03.2020 of the Apex Court is reproduced herein below :

“This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State). To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.

We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.

This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction.

Issue notice to all the Registrars General of the High Courts, returnable in four weeks.”

Issue involved in the matter.

4. The issue which arises for consideration in the present case before this Court is “what would be effect of order dated 23.3.2020 (supra) passed by the Apex Court in Suo Motu Writ Petition (C) No(s). 3/2020, In Re : Cognizance for Extension of Limitation, on the right of applicant in granting default bail, who is accused for the alleged offence under N.D.P.S. Act (Special Act) and whether accused applicant is entitled to be released on default bail ignoring the order dated 23.3.2020”.

Prosecution case.

5. The prosecution case in brief is that on the basis of information, the officers of the Central Bureau of Narcotics, Gwalior searched the godown of the applicant Rakesh Kumar Rathore on 22.10.2019, which is situated near New Gupta Transport, Free Ganj, P.S. Hari Parvat, District-Agra and recovered 81528 Buprenorphine 2ml Inj. 0.3mg/ml, 73900 Pentazocine 1ml Inj. 30ml/mg, 760737 Alprazolam Tab 0.5 mg, 608000 Tramadol tab. 100Mg, 185856 Tramadol tablet 50 mg, 4000 Tramadol 37.5 mg, 19725 Diazepam 2ml Inj. 5mg/ml, 11400 Nitrazepam Tab. 10mg and 20000 Zolpidem Tab 10 mg. On being asked about the aforesaid recovery, the applicant disclosed that he does not hav