The right to default bail under Section 167(2) CrPC and Section 36A(4) NDPS Act is extinguished if the charge sheet is filed before the accused applies for such bail. Furthermore, the rigours of Section 37 NDPS Act apply strictly to commercial quantities of contraband.

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.01 in Crime No.957 of 2023 before the Narsingi Police Station, Cyberabad Commissionerate, registered for the offence punishable under Sections 20(b)(ii)(C) of NDPS Act .

2. The brief facts of the case are that on 12.09.2023 at about 16:00 hours, the police allegedly intercepted a DCM vehicle near Narsingi Flyover and apprehended Accused Nos.3 and 4, from whose possession certain packets containing 691 kgs ganja, described in the seizure panchanama as dried leaves with pungent smell, were seized from a concealed compartment beneath vegetable boxes. The investigation was completed and the charge sheet was also filed vide S.C.NDPS No.64 of 2025.

3. Heard M/s. Jurislit Law LLP, appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present NDPS case without any material evidence and that the petitioner was not present at the scene of offence and no contraband or incriminating material was recovered from him, while the entire seizure was from Accused Nos.3 and 4, who have already been granted bail. The implication of the petitioner is solely based on the alleged confessional statements of co-accused, which are inadmissible in law and not supported by any independent evidence. He further submitted that even the seizure does not prima facie satisfy the definition of ‘ganja’ under the NDPS Act and there are serious procedural lapses, including delay in sending samples to the FSL. He contended that the petitioner has voluntarily surrendered, is a permanent resident, has no criminal antecedents. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition.

5. In support of his submissions, learned counsel for the petitioner relied upon the judgments of the Hon’ble Supreme Court in Dipakbhai Jagdishchandra v. State of Gujarat and another , reported in (2019) 16 SCC 547, Wajid Ali @ Tinku v. State of Rajasthan passed in SLA (Crl.) No.7049 of 2025, Jabir Kha v. State of Madhya Pradesh passed in SLP (Crl.) No.2993 of 2025.

6. The relevant portion of the judgment of the Hon’ble Supreme Court in M. Ravindran v. Intelligence Officer, Directorate of Revenue Intelliegence, reported in (2021) 2 SCC 485, is extracted hereunder:

“18. Therefore, in conclusion:

18.1 Once the accused files an application for bail under the Proviso to Section 167(2) he is deemed to have ‘availed of’ or enforced his right to be released on default bail, accruing after expiry of the stipulated time limit for investigation. Thus, if the accused applies for bail under Section 167(2), CrPC read with Section 36A (4), NDPS Act upon expiry of 180 days or the extended period, as the case may be, the Court must release him on bail forthwith without any unnecessary delay after getting necessary information from the public prosecutor, as mentioned supra. Such prompt action will restrict the prosecution from frustrating the legislative mandate to release the accused on bail in case of default by the investigative agency.

18.2 The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filing of the chargesheet or a report seeking extension of time by the prosecution before the Court; or filing of the chargesheet during the interregnum when challenge to the rejection of the bail application is pending before a higher Court.

18.3 However, where the accused fails to apply for default bail when the right accrues to him, and subsequently a chargesheet, additional complaint or a report seeking extension of time is preferred before the Magistrate, the right to default bai