Criminal Procedure Code, 1973
Section 167(2)—Default bail—Objective—Right to seek default bail is an indefeasible right provided to the accused—Object of the default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention.
[Para 6]
Section 167(2)—Default bail—Revision against order dismissing application—Petitioner is in custody in a case under Sections 21 and 29 of the Narcotics Drugs and Psychotropic Substances Act—Question as to whether the FSL report forms part of the charge-sheet and is an essential prerequisite to file the charge-sheet—Non-filing of FSL report with charge-sheet does not fall within the realms of Section 173(2) of CrPC so as to consider it as “incomplete report”—Although FSL report has not been filed, however, charge-sheet was already filed within the time period as per law—Further, the amount of quantity recovered from the accused is of commercial quantity nature baring the accused from bail under Section 37 of the NDPS Act—No infirmity found in impugned order dismissing application of petitioner seeking bail in default under the provisions of Section 162(2) of the CrPC—Petition dismissed. [Narcotics Drugs and Psychotropic Substances Act, Section 21, 29 & 36A(4)]
[Paras 13 & 14]
Decision : Petition dismissed