EDISON BABU Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) The question involved in these Criminal Miscellaneous Cases is whether, for the purpose of deciding an application for default bail, the period prescribed by law for filing of the charge sheet is to be reckoned from the date of the formal arrest of the accused or from the date the accused is first remanded to judicial custody.

(2.) These cases are filed by accused Nos.1 and 2 in S.C. No.390 of 2026 pending on the file of the Court of the Additional Sessions Judge-I, Ernakulam (for short, 'Trial Court'), arising out of Occurrence Report No.5 of 2025 registered by the Narcotics Control Bureau, Cochin Zonal Unit, Ernakulam ? the respondent. Since both cases arise from the same crime and the challenge is against the same order, they are heard together and are being disposed of by this common order.

(3.) The petitioners contend that, pursuant to the permission granted by the Trial Court, the respondent formally arrested them in the present occurrence on 24/9/2025 for allegedly committing the offences punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'). According to the petitioners, the statutory period of 180 days stipulated for completing the investigation and filing the charge sheet (complaint) expired on 22/3/2026. As the respondent failed to file the complaint within the statutory period, the petitioners acquired the indefeasible right to be released on statutory bail as laid down under Sec. 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') read with Sec. 36A (4) of the NDPS Act. Although they filed applications before the Trial Court for the above relief, the same were dismissed by Annexure-6 common order. The impugned order is manifestly erroneous and warrants interference by this Court.