The filing of a charge sheet within 180 days precludes entitlement to default bail under the relevant provisions.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused No.1 in Crime No.1104/2025 of Sulthan Bathery Police Station, Wayanad District. The offences alleged are punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, NDPS Act).

3. The prosecution case, in short, is that the applicant was found transporting 199.25 grams of MDMA in a bus on 09.08.2025 and thereby committed the offences alleged.

4. The applicant was arrested on 09.08.2025 and remanded to judicial custody on 10.08.2025. He filed an application for default bail before the jurisdictional court alleging that the final report was not filed within the statutory period of 180 days. It was dismissed as per Annexure 1 order. Thereafter, the applicant has approached this Court.

5. I have heard Sri.Ahamed Fazile C., the learned counsel for the applicant and Sri.K.A. Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that charge sheet has not been filed within 180 days and therefore, he is entitled for default bail.

6. It is not in dispute that the applicant was arrested on 09.08.2025 and was remanded to judicial custody on 10.08.2025. Therefore, I called for a report from the Additional Special Court (NDPS Act Cases), Kalpetta, to specifically indicate when exactly the final report was filed, as per the e-filing records. The learned Sessions Judge has filed a report stating that, as per the e-filing records, the charge sheet was generated on 04.02.2026 at 14:02:07 hours and was electronically forwarded to the court on 04.02.2026 at 14:04:05 hours. Thus, the final report was filed on the 179th day, within the prescribed period. Annexure- 1 order would show that, along with the final report, the Chemical Analysis Report, Scene Plan, and Godown receipt were not produced. The non-production of those documents are minor defects. Since the final report has been filed within the statutory period, the applicant is not entitled to default bail.

Accordingly, the bail application is dismissed.

Sd/-