NDPS Act--Default Bail--Charge Sheet Filed Without Chemical Analysis Report --Chargesheet Is Incomplete -- Default Bail Can Be Claimed
An accused is entitled to seek default bail under Section 167(2) CrPC/Section 187(3) BNSS even if the application is filed under regular bail provisions under Section 439 CrPC/Section 483 BNSS, provided the necessary grounds are pleaded. In matters concerning personal liberty, a technical approach to the form of application cannot defeat the right to default bail. A charge sheet filed without the Chemical Analysis report, where such report was already in possession of the investigating agency, is incomplete. Placing the report on record subsequently without filing a supplementary charge sheet is not in accordance with proper procedure.
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