While granting relief to the accused/petitioner, the Bench of Justice V. Narasingh noted a blatant breach of Section 36-A(4) of the NDPS Act, and observed–

“…in the case at hand, the statutory prescription, as stated in section 36-A(4) of the N.D.P.S. Act, has been followed in its complete breach and this Court also cannot lose sight of the fact that, as per the mandate, the matter was not even posted before the learned Court in seisin on the 180th day, which indicates that the Court in seisin has also signally failed in appreciating the statutory prescription as stated in section 36-A(4) of the N.D.P.S. Act.”

The petitioner was arrested and remanded to custody on 28.07.2025, for alleged commission of offences under Sections 21(c)/29 of the NDPS Act, on the accusation of possessing contraband 'brown sugar' to the tune of 320 grams.

Though the police prepared a charge-sheet dated 22.01.2026 (179^th day of detention), it failed to place the same before the Special Court on that very day, which was eventually taken on record by the Court only on 24.01.2026 (181^st day of detention).

A prayer was made to the Special Court for grant of default bail to the petitioner, but the same was opposed by the prosecution on the ground that such prayer is not maintainable after submission of charge-sheet. Ultimately, the Special Court denied such bail.

Advocate Devashis Panda, appearing for the petitioner, vehemently argued that the petitioner should have been released on default bail on the expiry of the 180^th day, as per the mandate of Section 36-A(4) of the Act. He also apprised the Court of the fact that the prosecution did not seek extension, as per the proviso to the aforesaid provision, to complete investigation from the Special Court while brooking such delay.

The concerned Inspector-In-Charge (IIC) filed an affidavit before the Court whereby he admitted that even though the charge-sheet was prepared and dated 22.01.2026, the same could not be placed before the Court until 24.01.2026 due to a law-and-order situation.

On the face of such submission, the Court was convinced that the charge-sheet was indeed filed on the 181^st day of initial remand, which is beyond the permissible period of investigation. Therefore, it had no other option left but to release the petitioner on default bail for violation of Section 36-A(4) by the prosecution.

“….this Court is left with no other alternative than to arrive at the irresistible conclusion that the prosecution has signally failed in its duty to adhere to the timeline as fixed in Section 36-A(4) of the N.D.P.S. Act and therefore, the Petitioner is entitled to be released on default bail,” it added.

Counsel for the Petitioner: Mr. Devashis Panda & Mr. Sudipto Panda, Advocates

Counsel for the State: Mr. C.R. Swain, Addl. Govt. Advocate