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2023 Supreme(Del) 3700

RAJNISH BHATNAGAR
Pankaj Gupta – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Mr. Naveen Malhotra and Mr. B. S. Arora, Advocates, for the Petitioner.
Mr. Subhash Bansal, Senior Standing Counsel, for NCB with Mr. Shashwat Bansal, Advocate, for the Respondent.

JUDGMENT

Rajnish Bhatnagar, J. The present revision petition has been filed by the petitioner under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 for setting aside the impugned order dated 03.01.2023 passed by Ld. Special Judge, NDPS, Patiala House Courts, Delhi vide which the interim bail application as well as default bail application filed under Section 167(2) Cr.P.C. r/w Section 36A NDPS Act, were dismissed.

2. The present petition has been preferred on the ground that the petitioner was formally arrested in this case on 25.09.2021 and thereafter, complaint/chargesheet was filed on 23.03.2022 without the CRCL report. Subsequently, it is only after the petitioner filed default bail application on 04.04.2022, the CRCL report was filed at a belated stage on 22.04.2022.

3. In the aforesaid circumstances of the case, petitioner filed an application seeking interim bail under Section 439 Cr.P.C and default bail under Section 167(2) Cr.P.C. r/w Section 36A NDPS Act on 04.04.2022. In the meanwhile, on 22.04.2022, the CRCL Report was filed and vide impugned order dated 03.01.2023, the Ld. Trial Court dismissed petitioner's bail application with the following

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