RAJNIKANT JIVANLAL PATEL & ANOTHER vs INTELLIGENCE OFFICER NARCOTIC CONTROL BUREAUNEW DELHI.

The Supreme Court held that the right to bail under Proviso (a) to Section 167(2) of the Criminal Procedure Code, 1973, is absolute and arises when the charge-sheet is not filed within the stipulated period of ninety days. The Court clarified that while the accused can be released on bail due to prosecution default, this does not confer a special right to remain on bail if serious charges are later filed. The High Court's cancellation of bail was upheld as it exercised its discretion appropriately given the serious nature of the alleged offences under Sections 21, 23, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.