Court emphasizes statutory right to default bail under Section 36A(4) of NDPS Act, dismisses law and order situation plea, upholds Article 21 protection of personal liberty
In a significant judgment dated 29th October 2026, the Orissa High Court has granted default bail to Mr. Biswa Ranjan Routray, accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS) for possession of commercial quantity of brown sugar, due to the prosecution's failure to file the charge-sheet within the statutory 180-day period.
The case, arising from Khordha Industrial Estate P.S. Case No.177 of 2025, involved serious offences punishable with rigorous imprisonment and heavy fines under Sections 21(c) and 29 of the NDPS Act, 1985. The petitioner was arrested on 28th July 2025 and remanded to judicial custody. However, the charge-sheet was filed only on the 181st day of remand, on 24th January 2026, without any application for extension of the investigation period as mandated by Section 36A(4) of the NDPS Act.
The petitioner's counsel argued that failure to file the charge-sheet within 180 days, without seeking the Special Court's extension, entitles the accused to an indefeasible right to default bail. The prosecution's claim that delay was caused due to law and order issues was rejected by the High Court. The Court held that statutory timelines are sacrosanct and cannot be overridden by such reasons.
The Court further observed that Section 37(1)(b)(ii) of the NDPS Act, which imposes stringent conditions for bail in commercial quantity cases, does not override the statutory right to default bail. It emphasized that the accused's fundamental right to personal liberty under Article 21 of the Constitution cannot be infringed by procedural lapses of the prosecution.
The Court also highlighted that the lower court failed to post the matter on the 180th day, further compounding the violation of statutory provisions. The Court dismissed the State's reliance on earlier rejection of bail application as a mere technicality that cannot defeat the accused's right.
Quoting precedents such as Suresh Chandra Sahoo v. State of Odisha and Gopal Pal v. State of Odisha, the Court reiterated the principle that default bail must be granted if the prosecution fails to comply with the prescribed timelines. The Court directed the learned trial court to release the petitioner on bail on appropriate terms.
This judgment reinforces the strict adherence to timelines under the NDPS Act and safeguards the personal liberty of accused persons against undue detention. It underscores the balance the legislature intended between society's interest in curbing drug offences and protecting accused individuals from prolonged custody without trial.
Bottom Line:
NDPS Act - Default bail - In offences involving commercial quantity, if charge-sheet is not filed within 180 days as mandated by Section 36A(4) of the NDPS Act and no extension is sought, the accused acquires an indefeasible right to default bail - Delay in filing charge-sheet due to law and order situation is no ground to defeat such right - Rigours of Section 37 do not override the statutory right to default bail.
Statutory provision(s):
Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 21(c), 29, 36A(4), 37(1)(b)(ii); Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483; Constitution of India Article 21
Biswa Ranjan Routray v. State of Odisha, (Orissa) : Law Finder Doc Id # 3008404
