JUDGMENT :

Swarana Kanta Sharma, J.

The present petition has been filed under Article 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 (hereinafter ‘Cr.P.C.’) seeking setting aside of order dated 17.03.2023 passed by learned Additional Sessions Judge/Special Judge, NDPS, Central, Tis Hazari Court (hereinafter ‘learned Special Judge’) where the prayer of petitioner for release on default bail was declined, and accordingly, the petitioner seeks his release on regular bail in FIR bearing no. 152/2022, registered at Police Station Daryaganj under Sections 21/29/61/85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter ‘NDPS Act’).

2. The petitioner is stated to be in judicial custody since 26.03.2022 on the ground that he had been apprehended with 340 grams of contraband ‘morphine’ in his possession which is a commercial quantity. After completion of 180 days of his arrest, charge-sheet was filed by the Investigating Officer without FSL report.

3. Learned counsel for the petitioner states that petitioner has already undergone 12 months in judicial custody. It is stated that the charge-sheet in the present case has been filed