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Judgment
State is before this Court in a petition filed under Section 439(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) with the prayer to set aside the order dated 04.04.2026 passed by the Court of VII Additional District and Sessions Judge, Mysuru, granting statutory bail to the respondent/accused no.4 under Section 187(3)(i) of BNSS, 2023.
Heard the learned counsel for the parties.
Material on record would go to show that respondent herein who is arrayed as accused no.4 in Crime No.139/2025 was arrested along with other accused and produced before the jurisdictional Court and remanded to custody on 01.01.2026.
Learned District & Sessions Judge, vide order dated 04.04.2026 has granted statutory bail to respondent-accused no.4 in Crime no.139/2025 on the ground that chargesheet is not filed within 90 days from the date on which respondent was remanded to custody.
The seized contraband article in the case is undisputedly of commercial quantity. Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) reads as follows-
"(4)In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving commercial quantity the references in sub-section (2) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974) thereof to “ninety days”, where they occur, shall be construed as reference to “one hundred and eighty days”: Provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days."
Learned District & Sessions Judge has failed to appreciate the aforesaid provision of law and has erred in observing that chargesheet was required to be filed within 90 days in the present case, which involves commercial quantity of contraband article.
Under the circumstances, I am of the opinion that the order impugned dated 04.04.2026 passed by the learned District & Sessions Judge in Crime No.139/2025 cannot be sustained. It is also brought to the notice of this Court that subsequent to the aforesaid order, since, the respondent had not appeared before the trial Court, in Crime No.139/2025 coercive steps were taken including issuance of non-bailable warrant, and therefore, the respondent-accused no.4 had thereafter surrendered before the Trial Court on 10.08.2026 and on the said day he is remanded to judicial custody. Be that as it may, the order impugned dated 04.04.2026 even otherwise cannot be sustained. Accordingly, the following-
ORDER
The Petition is allowed.
ii) The impugned order dated 04.04.2026 passed in Crime No.139/2025 by the Court of VII Additional District and Sessions Judge, Mysuru, granting statutory bail to respondent-accused no.4 under Section 187(3)(i) of BNSS, 2023 is set aside.