Filing of Charge-Sheet in Jurisdictionless Court Fails to Defeat Accused’s Indefeasible Right to Default Bail

The respondent was arrested on June 15, 2025, following the seizure of 21.34 grams of brown sugar (intermediate quantity)

He was remanded to police custody on June 16, 2025

Under Section 187(3)(ii) of the BNSS, 2023, the 60-day period for filing a charge-sheet expired at midnight on August 14, 2025

The Investigating Officer filed the charge-sheet on August 14, 2025, but mistakenly submitted it to the Chief Judicial Magistrate (CJM) instead of the Special Judge (NDPS), who held exclusive jurisdiction

On the same day, the respondent applied for default bail before the Special Judge

The CJM committed the case to the Special Judge only on August 21, 2025

The Special Judge granted default bail on August 27, 2025, holding that the prosecution failed to file the charge-sheet before the competent court within the statutory period

1. Whether a charge-sheet filed within the statutory period but before a court lacking jurisdiction (CJM) instead of the Special Court satisfies the requirements of Section 36A of the NDPS Act and defeats the accused’s right to default bail?

2. Whether a default bail application filed on the 60th day—before the right technically accrued at midnight—remains valid and "availed of" once the period expires?

Section 36A of the NDPS Act, 1985, which mandates that offences punishable with over three years' imprisonment are triable exclusively by Special Courts, which take cognizance directly without committal

Supreme Court Legal Aid Committee v. Union of India, establishing that only the Special Court has jurisdiction once constituted

Section 187(3)(ii) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the 60-day limit for investigation

Enforcement Directorate v. Kapil Wadhawan for remand computation

Uday Mohanlal Acharya v. State of Maharashtra regarding the filing of an application as "availing" the right

M. Ravindran v. Directorate of Revenue Intelligence, which holds that the right persists once the application is filed, regardless of subsequent charge-sheets

The Court reasoned that under Section 36A of the NDPS Act, the CJM had no jurisdiction to take cognizance or receive the police report; therefore, filing the charge-sheet in that court was a non-compliance with the law

Although the prosecution completed the investigation within 60 days, the "filing" only legally occurred when the records reached the jurisdictional Special Judge on August 21, 2025—well beyond the midnight deadline of August 14

Regarding the timing of the bail application, the Court noted that since the application was pending and not rejected as premature when the 60-day period expired at midnight, the respondent's indefeasible right accrued and was effectively "availed of"

The Court emphasized that Section 187(3)(ii) of the BNSS must be interpreted to advance personal liberty

a pending bail application becomes effective the moment the statutory period expires, granting the accused an indefeasible right to bail if they are prepared to furnish it

The High Court dismissed the Revision Petition, upholding the order of the Special Judge