JUDGMENT :

Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mr. S.C. Kayel, learned Standing Counsel for the respondent.

2. In this petition, under Section 482 of the Code of Criminal Procedure, the petitioner, namely, Smti. Chonghai Haokip, has challenged the correctness or otherwise of the order dated 23.12.2022, passed by the learned Addl. Sessions Judge, No.3, Kamrup (M) at Guwahati, in NDPS Case No.215/2022, arising out of DRI Case No. 18/CL/NDPS/HEROIN & METH/DRI/GZU/2021-22, under sections 8(C)/21(C)/22(C)/ 23(C)/25 of NDPS Act, pending before the court of learned Addl. Sessions Judge, No.3, Kamrup (M) at Guwahati.

3. It is to be mentioned here that, vide impugned order, dated 23.12.2022, the learned Addl. Sessions Judge, No.3, Kamrup (M) at Guwahati, has dismissed the petition filed by the petitioner for granting her default bail.

4. In order to decide the controversy at hand, with greater precision, it would be beneficial to briefly refer to the facts of the case, leading to passing of the impugned order, dated 23.12.2022.

“On 03.02.2022, acting on a tip off, Smti. Apsara Sikdel, Intelligence Officer, Directorate of Revenue Intelligence (DRI), Guwahati, had intercepted a Maruti Eco Van, bearing registration No. AS01-EY-3766, which was coming from Dimapur towards Guwahati, and recovered 679.60 grams of suspected heroin, 10,000 methamphetamine tablets weighing 1000 grams, of worth Rs. 1,47,11,648 (Rupees one crore forty seven lacs eleven thousand six hundred and forty eight only) which was kept concealed in a secret chamber of the said vehicle, and then she seized the same observing necessary formalities in presence of witnesses and apprehended the driver of the vehicle namely Lumgsibul Thiumai and one passenger, namely, TH Tasibou and on being asked Shri Lumgsibul Thiumai disclosed that his wife and aunt are the owner of the seized contrabands. Thereafter, the Intelligence Officer has conducted search in the house of Lumgsibul Thiumai at Basistha, Guwahati and found his wife - Chonghoi Haokip (the present petitioner) and recovered suspected Heroine, in 26 soap case, and also recovered a sum of Rs. 4,45,200/ with three ATM Cards and seized the same in presence of witnesses preparing seizure list. Subsequently, after through search another 1,00,000/ (One Lakh) methamphetamine tablets were recovered from another secret chamber of the Maruti Eco Van, which were seized in presence of witnesses. Thereafter, the Intelligence Officer has arrested Shri Lumgsibul Thiumai, TH Tasibou and the present petitioner namely, Chonghoi Haokip and forwarded them to the court. Thereafter, before completion of 180 days of the period of custodial detention of the present petitioner, the Investigating Officer has filed a petition, under section 36A(4) NDPS Act, before the court of learned Special Judge, Kamrup (M), Guwahati, and vide order dated 22.07.2022, the learned court below has allowed the petition.

Thereafter, the petitioner has successfully challenged the order dated 22.07.2022, passed by the learned Special Judge, NDPS Act, Kamrup [M] at Guwahati before this court in Criminal Petition No. 804/2022, and vide order dated 07.11.2022, a coordinate bench of this court has set aside the said order dated 22.07.2022, passed by the learned Special Judge, NDPS Act, Kamrup [M] in petition No. 2099/2022, as the same was passed without following the procedure prescribed by law and directed the petitioner to prefer an application for bail before the learned court below. Thereafter, the petitioner has preferred an application before the learned Addl. Sessions Judge, [FTC] [M] No. 3 for granting default bail to the petitioner and the learned court below vide order dated 23.11.2022 has dismissed the petition, by holding that the petitioner has failed to availed of her default bail when the same was accrued on 03.08.2022, which ceased to exist on filing of the offence report against the petitioner.”

5. Mr. Mannan, learned counsel for the