From the facts which have come to the notice of this Court, it is clear that the petitioner was granted conditional interim bail which expired on the presentation of challan/receipt of FSL report. Admittedly, the challan was presented on 19.10.2019 and even the petitioner presented himself before the trial Court on 18.12.2019 and he was therefore, well aware of the presentation of the challan and the proceedings before the learned trial Court. The nature of interim bail order which was passed by the learned trial Court on 12.4.2019, was very clear. The interim bail was granted only till presentation of challan/receipt of FSL report and once the petitioner himself was aware that the challan has been presented then it was his duty to immediately surrender before the learned trial Court and he could have filed the application for grant of regular bail which could have been decided on merits of the case after the receipt of the FSL report. Therefore, it is a case where the petitioner has himself defaulted and his interim bail was deemed to have been vacated on the date when the challan was presented. Apart from the same, the alleged contraband is 1000 tablets of Buprenorphine which is a huge and commercial quantity under the NDPS Act and therefore, bar under Section 37 of the NDPS Act, is attracted.
