ORDER

Heard learned counsel for the petitioner and Mr. Raj Kishore Singh, learned APP for the State.

2. A supplementary affidavit has been filed by the petitioner bringing on record the fact that he is an accused in another case of similar nature in which he has been granted bail.

3. The petitioner seeks bail in connection with Tr. No. 29 of 2023 arising out of Bhangaha P.S. Case No. 17 of 2023 registered for the offence punishable under Sections 20, 22, 23, 24 and 27 of the NDPS Act.

4. As per the prosecution case, 20.170 Kg. of ganja has been recovered from the possession of the petitioner.

5. It has been submitted by learned counsel for the petitioner that the charge sheet has been submitted without the FSL report and the charge sheet having been submitted without FSL report is an incomplete charge sheet and the petitioner is entitled for grant of default bail under Section 167(2) Cr.P.C. He has taken this Court to the provision of Section 36A of The Narcotic Drugs and Psychotropic Substances Act, 1985, which reads as follows: –

“36A. Offences triable by Special Courts. – (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), –

(a) all offences un