Introduction When bail on merits seems impossible due to commercial quantity, Default Bail (Statutory Bail) under Section 167(2) CrPC often becomes the only route to freedom.
The Timeline Under the NDPS Act (Section 36A), the police/agency has 180 days to file the Charge Sheet (Challan) for serious offences (Commercial Quantity/Sec 19, 24, 27A). This can be extended up to 1 year by the Special Court, but only if the Public Prosecutor files a report justifying the delay.
The “Incomplete Challan” Issue A common tactic by investigation agencies is to file a Charge Sheet without the FSL (Chemical Analysis) report just to beat the 180-day deadline.
Legal Position Courts have taken conflicting views, but the trend (especially in High Courts like Punjab & Haryana) is that a Charge Sheet filed without the FSL report is an “incomplete report.” Therefore, the investigation is not complete, and the accused is entitled to Default Bail once the 180 days expire.
M. Ravindran v. Intelligence Officer (2020) The Supreme Court held that once the statutory period expires and the accused applies for bail, the right becomes “indefeasible.” The prosecution cannot defeat this right by subsequently filing a report.
Disclaimer: This article is for academic and informational purposes only and does not constitute legal advice. For specific case inquiries, please consult a legal professional.