An accused person is entitled to default bail under Section 167(2) of the Cr.P.C if the charge sheet is not filed within the specified period.

This criminal revision under Section 397/401 of the Code of

Criminal Procedure (hereinafter referred to as "Cr.P.C.") has been

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filed assailing the order dated 03.10.2023 (Annex.A/1) passed by

learned Special Judge, NDPS Act, Sidhi in connection with Crime

No.294/2023 for commission of offence under section 8,21,22 and

29 of NDPS Act whereby application filed by the applicant under

section 167(2) of Cr.P.C for grant of default bail has been rejected

on the ground that though charge sheet has not been filed within a

period of 90 days but time granted for filing the charge sheet had

already been extended to 180 days by the incharge court.

2.

As per prosecution story in the intervening night of 17/18-

06.2023, 10 gram smack was seized from the possession of the

applicant. The seized quantity of contraband was higher than the

minimum quantity but less than the commercial quantity.

3.

Learned counsel for the applicant has argued that applicant

was arrested on 17/18-06.2023 in connection with Crime

No.294/2023 of P.S.Bahari District Sidhi for offence punishable

under section 8, 21,22 and 29 of NDPS Act. He was produced

before the court on 18.06.2023 and since then he is in judicial

custody. It was incumbent on the part of the investigating agency

to file charge sheet within a period of 60 days i.e on 18.08.2023

but it was not filed. It is contended that applicant made an

application under section 167(2) of Cr.P.C on 27.09.2023, seeking

default bail on the ground of non-filing of charge sheet within a

period of 90 days from the date of police custody of accused but

same was dismissed on 03.10.2023 on the ground that time limit

for filing the charge sheet has already been extended upto the

period of 180 days by the incharge judge by order dated

27.09.2023. As such learned trial court vide impugned order

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dated 03.10.2023 dismissed the application for default bail.

Hence, this revision.

4.

I have heard learned counsel for the applicant as well as

learned counsel for the respondent/State at length and perused the

case diary.

5.

Learned counsel for the State by opposing the bail

application submitted that for submission of charge sheet the

period is 180 days as per section 36-A of NDPS Act. As learned

incharge judge had already extended the time period of filing

charge sheet. Therefore, learned Presiding Officer has not

committed any error in dismissing the default bail application

under section 167(2) of Cr.P.C.

6.

Learned counsel appearing for the applicant submitted that

applicant is entitled for default bail as investigating agency, in the

instant case, has failed to file the charge sheet before the Special

Judge within the stipulated period.

7.

In order to test merit of the arguments of learned counsel

for the parties and the fact that applicant is entitled to default bail

or not, it is necessary to examine the provision of section 167(2)

of Cr.P.C and section 36-A of NDPS Act, 1985 which are

reproduced as under :-

“Section 167(2) -The Magistrate to whom an accused

person is forwarded under this section may, whether

he has or has not jurisdiction to try the case, from

time to time, authorise the detention of the accused in

such custody as such Magistrate thinks fit, for a term

not exceeding fifteen days in the whole; and if he has

no jurisdiction to try the case or commit it for trial,

and considers further detention unnecessary, he may

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order the accused to be forwarded to a Magistrate

having such jurisdiction: Provided that-

(a) the Magistrate may authorise the detention of the

accused person, otherwise than in the custody of the

police, beyond the period of fifteen days; if he is

satisfied that adequate grounds exist for doing so, but

no Magistrate shall authorise the detention of the

accused person in custody under this paragraph for a

total period exceeding,-

(i) ninety days, where the investigation relates to an

offence punishable with death, imprisonment for life

or imprisonment for a term of not less than ten years;

(i