The right to default bail extinguishes if a charge sheet is filed before the application for default bail, irrespective of the application date.

1. Heard on admission.
This criminal revision has been preferred against the order dated 23.03.2022 passed by Special Judge (NDPS), Ambikapur, District Sarguja in Special Case No. 17/2022 (State of Chhatisgarh v. Siraj) whereby an application filed by the petitioner under S.167(2) of the Cr.P.C. for grant of default bail was dismissed.

2. Facts of the case, in brief, are that on 21.09.2021 at about 10 O' clock at night, police of police Station Gandhi Nagar, District Sarguja on the basis of secret information received from the informer, seized 99 nos. sealed bottle, each containing 100 ml, total 9900 ML (9.900 L) of psychotropic substance, namely, Maxcoff syrup from the illegal possession of the applicant. On the basis of above facts, FIR No. 0507 under S.22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'NDPS Act') was registered against the applicant and at about 2.10 at night he was arrested and on the same day i.e. on 22.9.2021, he was produced before the Special Judge, Sarguja at Ambikapur along with application for grant of judicial remand. On 22.9.2021 itself first remand was granted till 5.10.2021, subsequently, judicial remand was taken in several occasions. Lastly, the judicial remand was obtained up - till 21.03.2022. On 21.03.2022, again application for grant of judicial remand was filed but the same was dismissed by learned Special Judge, Ambikapur, Sarguja holding that 181 days of judicial remand of the applicant was completed on 21.03.2022, despite that charge sheet was not filed and further remand for one day i.e. up till 22.3.2022 has been sought, but no report has been enclosed with the remand application as per proviso to S.4 of S.36 - A of the NDPS Act, which could demonstrate sufficient reasons for further detention of applicant and since extended period of filing final report i.e. 180 days has already been elapsed, therefore, learned Special Judge dismissed the application for grant of judicial remand.

3. On 22.3.2022, applicant filed an application under S.167 (2) of the Cr.P.C. for grant of default bail. After hearing applicant and the prosecution, the case was posted for orders on 23.3.2022 and on 23.3.2022, learned Special Judge dismissed the application for grant of default bail, hence this criminal revision.

4. Learned counsel appearing for the applicant would submit that present crime has been registered against the applicant under S.22(c) of the NDPS Act, as alleged psychotropic substance comes under commercial quantity, hence, as per sub-S.4)) of S.22 of the NDPS Act, charge sheet should have been filed within the extended period for filing of charge sheet i.e. 180 days but in the instant case, the police filed charge sheet on 182 day after first judicial remand of the applicant, despite that learned court below has refused to grant default bail and denied indefensible right of bail to the applicant, which is not in accordance with law. It is further submitted by learned counsel for the applicant that on 21.3.2022, applicant had objected orally for grant of further judicial remand, as police did not file charge sheet within a period of 180 days and further remand was denied by learned Special Judge. On the same day i.e. on 21.03.2022, applicant prepared application for grant of default bail and filed before learned Special Judge. But his application was not decided on 22.3.2022 and fixed the case for orders on 23.3.2022 and on 23.3.2022, his application was rejected holding that charge sheet is filed on 22.3.2022 and thereafter application for default bail