IMPORTANT POINT
The absence of a chemical examination report does not render a bail application incomplete under the NDPS Act; the petitioner must satisfy the twin conditions for bail.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. K.N. Choudhury, senior advocate, assisted by Ms. T. Som, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned standing counsel for the Narcotics Control Bureau (NCB for short).

2. The petitioner, who was arrested on 19.12.2022 in connection with NDPS Case No. 23/2023 (arising out of NCB Crime No. 24/2022) under section 21(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short), has prayed for bail under section 439 of the Cr.P.C.

3. This application was filed on 27.09.2024, and by this time Criminal Procedure Code has been repealed. Nonetheless, this application is treated as one under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short).

4. On 16.12.2022, pursuant to receipt of secret information, the personnel of Narcotics Control Bureau (NCB for short) have seized 153.2 kgs. of ganja (cannabis), 179 gms. of Methamphetamine tablets, 1.020 kgs. of brown sugar suspected to be heroin and 16 bottles of Anrex- CP codeine at House No. B/71, Railway East Colony, Amingaon, Kamrup.

5. During such time, other two accused persons, namely, Jitul Ali (i.e. petitioner) and Atiqur Rahman arrived at the place in their Innova car bearing registration no. AS-01-FA-2699 and a pistol was recovered from their possession from the dashboard of the said car.

6. Accordingly, FIR was lodged on 16.12.2022 and NCB Crime No. 24/2022 was registered under section 8(C) read with section 20(b)(ii)(C), 21(c), 22(c) and 29 of the NDPS Act. Accordingly, the petitioner was arrested.

7. On conclusion of investigation, the NCB, through its Intelligence Officer, had submitted a complaint before the Court of the learned Special Judge- cum- District and Sessions Judge, Kamrup (R), Amingaon. On receipt of CDR/CAF and chemical examination report, a Supplementary Complaint along with documents was submitted by the NCB in the said case on 11.10.2023.

8. The learned senior counsel for the petitioner has submitted that a previous bail application of the petitioner, being B.A. 4258/2023, was rejected by this Court by order dated 26.06.2024. Accordingly, it is projected that this is the second bail application of the petitioner before this Court.

9. The learned senior counsel for the petitioner has submitted that although the initial complaint petition against the petitioner was submitted on 14.06.2023, but in the absence of chemical examination report, the complaint must be treated to be incomplete and as such the petitioner has become entitled to default bail.

10. In this regard, it is submitted that a complaint in NDPS case without being accompanied with a chemical examination report has been held to be incomplete complaint. Accordingly, the petitioner is entitled to default bail under section 173(2) of the Cr.P.C. as the complaint was not filed within the stipulated period of 180 (one hundred and eighty) days. In support of his contention, the learned Senior Counsel for the petitioner has relied on the case of Mohd. Arbaz & Ors. v. State of NCT of Delhi, SLP (Crl.) Nos. 8164-8166/2021, decided by the Supreme Court of India on 13.12.2021.

11. Moreover, it has been submitted that twelve witnesses are named in the final complaint out of which only three witnesses have been examined as on 03.11.2024. Hence, it was submitted that there was no chance of an early conclusion of trial. Accordingly, it is submitted that as the petitioner has spent 692 days in custody as on 07.11.2024, he may be enlarged on bail.

12. In support of his submission, the following cases have been cited, viz. (i) Shariful Islam @ Sharif v. State of West Bengal, 2022 SCC Online 2069, (ii) In the matter of: Idul Miya, 2024 SCC Online Cal 9109, (iii) Abdul Mannan Ali v. State of Assam, B.A. No. 610/2024, decided by coordinate Bench of this Court on 18.07.2024. Moreover, the learned senior counsel for the petitioner has also submitted a written submission on behalf of the petitioner.

13. Per contra, the learn