“CR”

ORDER

This is the second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS) seeking regular bail.

The applicant is the sole accused in Crime No.20/2026 of the Chelannur Excise Range Office, Kozhikode District. The offence alleged is punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

The prosecution case, in short, is that the applicant was found in possession of 11.78 grams of Methamphetamine kept in room No.4 on the ground floor of IQ room in building No.16/346 of Chelannur Panchayath, Amabalathukulangara Desom, Chelannur Village, Kozhikode Taluk in Kozhikode District, in contravention of the NDPS Act and thereby committed the offence.

I have heard Sri. M. Devesh, the learned counsel for the applicant and Sri. Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The learned counsel further submitted that no material is on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned counsel further submitted that there are flagrant violations of the various provisions of the NDPS Act with respect to search, arrest and seizure. The counsel also submitted that the complete final report was not filed within the statutory period and hence the applicant is entitled to statutory bail under Section 187(2) of the BNSS. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage. He further submitted that the final report was filed within the statutory period.

A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The applicant had, on an earlier occasion, filed a bail application before this Court as B.A.No. 3851/2026. It was dismissed on merits. There is no change in circumstances after the dismissal of the earlier bail application. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant is not entitled to bail on merits.

The applicant has further contended that he is entitled to statutory bail under Section 187(2) of the BNSS. He was arrested on 08.06.2026 and has since remained in judicial custody. Since the offence under Section 22(b) of the NDPS Act prescribes a maximum punishment of ten years with fine, but no minimum term, the statutory right to bail accrues if the final report is not filed within sixty days from the date of custody ( See Aboobacker Siddique v. State of Kerala, 2026 (4) KHC 218). In the present case, the final report was admittedly filed on 21.07.2026 within the statutory period, but was returned as defective with a two-week period granted for rectification. The defect was cured, and the report was resubmitted only on 17.08.2026, whereas the time granted expired on 03.08.2026. The submission of the learned counsel for the applicant is that the investigating agency failed to comply with the time-limit to rectify the defects, and that the final report, having been tendered beyond sixty days of custody, entitles the applicant to statutory bail.

Default bail under Section 187 of the BNSS (Section167 of the Cr.P.C.) is a right vested in every accused when the investigating agency fails to complete the investigation within the statutorily prescribed period. It is not merely a statutory entitlement but an indefeasible right flowing from Article 21 of the Constitution. An accused cannot be detained without submission of the charge sheet within sixty or ninety days, as the case may be. The provision thus accords primacy to personal