Criminal Procedure Code, 1973
Sections 167(2), 397 & 401—Order dismissing application seeking default bail—Revision—Offence registered under NDPS Act—Submission that incomplete charge-sheet has been filed within the period of 180 days as stipulated under the Act, is no charge-sheet under the eye of law and as such petitioner would be entitled to the provisions of Section 167(2) of CrPC and automatic grant of default bail—Untenable—Charge-sheet indeed has been filed by prosecution within the stipulated period of 180 days as contemplated under Section 36A of the NDPS Act—Court is unable to countenance the argument of splitting the charge-sheet into an incomplete or complete charge-sheet for the reason that a charge-sheet once having been filed, is complete to the extent of what it contains—It is the own interpretation of petitioner that charge-sheet filed in this particular case is incomplete—Subsequent filing of further material or evidence would not automatically entail the earlier charge-sheet as incomplete—No reason found to entertain the petition—Dismissed.
[Para 6]
Decision : Petition dismissed