The court examined bail applications under the NDPS Act, focusing on whether a charge-sheet filed within 180 days without an FSL report entitled the accused to default bail under Section 167(2) CrPC. The court concluded that the absence of an FSL report does not render a charge-sheet incomplete if it meets Section 173(2) requirements. Various judicial precedents were considered, affirming that additional documents can be submitted later under Section 173(8). The applications for bail were rejected based on the procedural compliance and legal interpretations.

Bail Application and Chargesheet Filing (Sections 167(2) of CrPC and 36-A(4) of NDPS Act)

• Court Decisions Referenced: Criminal Misc. Application (Bail) No.88/2021, Judgebir Singh vs. NIA.
• Chargesheet Filing: Filed within 180 days; expert report submitted later.
• Material on Record: Panchanama, witness statements, seized contraband identified as "Mephedrone."
• Expert Report: Delay in filing does not entitle the accused to bail under Section 167(2) CrPC.

Compliance with Sections 42(2) and 50 of the NDPS Act

• Information to Superiors: Necessary information communicated.
• Rights of the Accused: Informed about rights to have the search in presence of a gazetted officer; compliance with Section 50 upheld.
• Personal Search vs. Baggages/Articles: Section 50 applies to personal searches, not to baggages, articles, vehicles, and containers.

Compliance with Section 52-A of the NDPS Act

• Procedure Overview: Section 51 mandates CrPC provisions apply unless inconsistent with the NDPS Act.
• Sample Collection: Conducted in presence of panchas and a Magistrate.
• Inventory and Measurements: Inventory, sample collection, sealing, and labeling conducted with due procedure.

Investigating Agency's Compliance and FSL Reports

• Section 52-A Compliance: Adhered to all mandatory provisions.
• FSL Report: Confirmed the seized substance as "Mephedrone."
• Investigating Officer's Satisfaction: Officer's satisfaction regarding the contraband confirmed.

Decision on Bail Applications

• Section 37 of NDPS Act: Applicants did not make a prima facie case to show they are not guilty.
• Incomplete Chargesheet Argument: Absence of the CA report does not render the chargesheet incomplete.
• Rejection of Bail: Based on procedural compliance and legal precedents, the bail applications were rejected.