Judgment

Mrs. Manjari Nehru Kaul, J.

The petitioner is impugning order dated 04.05.2023 passed by learned Additional Sessions Judge, Sonipat, vide which his application under Section 167(2) Cr.P.C. for grant of default bail in case bearing FIR No.80 dated 01.11.2022 under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, ‘the NDPS Act’) registered at Police Station GRP Sonipat, District GRP Ambala Cantt. was dismissed.

2. Learned counsel for the petitioner while, impugning order dated 04.05.2023, has vehemently contended that the petitioner was arrested on 01.11.2022 in the FIR in question. Thereafter, challan was presented by the investigating agency, but without the report of the Forensic Science Laboratory (hereinafter referred to as, ‘FSL’) on 13.04.2023. The case was then adjourned by the Court below for 01.05.2023 to await the receipt of the FSL report. Since the petitioner was arrested on 01.11.2022; the statutory period for completing investigation under the NDPS Act, i.e. 180 days was thus, to expire on 01.05.2023. However, as the FSL report had not been filed by the investigating agency even by 01.05.2023, the investiga