KARAMJIT SINGH, J.

1. The petitioner is seeking default bail in criminal case having FIR No.683 dated 16.08.2022 under Sections 18, 21C, 22C and 29 of NDPS Act, Police Station Sadar Yamunanagar.

2. The counsel for the petitioner submits that as per the prosecution version, the petitioner was apprehended and commercial quantity of medical intoxicants were recovered from his possession on 16.08.2022 by the police and was produced before the Area Magistrate and the challan was presented against the petitioner on 9.2.2023. The counsel further submits that the said challan was filed without the FSL report and therefore, is to be considered as incomplete challan. The counsel for the petitioner further submits that no application was moved by the public prosecutor or additional public prosecutor, as per the provisions of Section 36A(4) NDPS Act seeking extension of time to complete the investigation in the present case. It is further submitted that in the instant case no report was ever furnished by the Public Prosecutor in terms of the aforesaid statutory provision. The counsel for the petitioner further submitted that the petitioner’s right to default bail accrued on completion of statuto