ORDER : – This is second bail application filed under section 439 of Criminal Procedure Code for grant of bail on behalf of applicant-Khilan Singh in connection with Crime No. 283/2022, registered at Police Station-Nohata, District Damoh (M. P.) for offences under section 8/20 NDPS Act, 1985 and section 130, 177(3) Motor Vehicles Act. His first bail application (M.Cr.C. No. 24354/2022) was dismissed as withdrawn vide order dated 9-6-2022.

2. In this application, the singular and pivotal question raised by applicant is that while filing the challan, the prosecution could not file the report of Forensic Science Laboratory (FSL) regarding the substance recovered from the applicant, thus the applicant became entitled to get the benefit of default bail under section 167(2) of the Criminal Procedure Code.

3. To elaborate, Shri Sandeep Kumar Jain, learned counsel for the applicant submits that the medium quantity of opium (3 kg 580 gm) was allegedly recovered from the applicant. The maximum sentence in the event of conviction in a case of this nature is 10 years. Thus, complete challan should have been filed within 60 days. The challan has not been filed within aforesaid time and therefor