(1.) The above four Criminal Applications (Bail) have been filed by four different Accused seeking "default bail" under the provisions of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act'), read with the provisions of the Code of Criminal Procedure, 1973 (for short, the 'Cr.P.C.'). Since the questions of law involved in all these four applications are identical, they are all being disposed of by this common Order.
(2.) Before I deal with the legal issues involved in these applications, it would be necessary to set out some very brief facts.
(3.) Criminal Application (Bail) No. 791 of 2021 (F), is preferred in relation to FIR No. 25/2020 dtd. 26/12/2021 registered against the Applicant [Emeka Daniel Okoji] under the NDPS Act for alleged illegal possession of 31.01 grams of white powder suspected to be Cocaine and of suspected LSD liquid weighing 4.44 grams. The Applicant was arrested on 25/12/2020 [the date of 1st remand] and the 180th day from the date of 1st remand is 26/6/2021. Before the 180th day, an application was made for extension of time in filing the charge-sheet/Report under Sec. 173(2) of the Cr.P.C., and by Order dtd. 21/6/2021, the learned District Judge and Additional Sessions Judge, North Goa, Panaji, extended the period by fourteen days. Accordingly, the charge-sheet/Report under Sec. 173(2) of the Cr.P.C. was filed on 5/7/2021 (i.e. within the extended period). In this case, the Examination report issued by the CFSL, Pune, was dtd. 25/8/2021 and received on 3/9/2021.
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