Back
SANDEEP KUMAR
Rampravesh Diswa – Appellant
Versus
State of Bihar – Respondent
ORDER (ORAL)
Heard learned counsel for the petitioner and Mr. Raj Kishore Singh, learned APP for the State.
2. A supplementary affidavit has been filed by the petitioner bringing on record the fact that he is an accused in another case of similar nature in which he has been granted bail.
3. The petitioner seeks bail in connection with Tr. No. 29 of 2023 arising out of Bhangaha P.S. Case No. 17 of 2023 registered for the offence punishable under Sections 20, 22, 23, 24 and 27 of the NDPS Act.
4. As per the prosecution case, 20.170 Kg. of ganja has been recovered from the possession of the petitioner.
5. It has been submitted by learned counsel for the petitioner that the charge sheet has been submitted without the FSL report and the charge sheet having been submitted without FSL report is an incomplete charge sheet and the petitioner is entitled for grant of default bail under Section 167(2) Cr.P.C. He has taken this Court to the provision of Section 36A of The Narcotic Drugs and Psychotropic Substances Act, 1985, which reads as follows:
“36-A. Offences triable by Special Courts.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) all o
(1) Default bail – Filing of incomplete charge-sheet without FSL report in NDPS cases is no charge-sheet in eye of law – Petitioner should not have been kept in custody once incomplete charge-sheet w....
Filing a challan without the FSL report in a case under the NDPS Act does not constitute a complete challan, entitling the accused to default bail under Section 167(2) Cr.P.C.
The main legal point established in the judgment is the significance of the FSL report in completing the investigation in NDPS Act cases and the accused's right to default bail under Section 167(2) C....
The non-filing of FSL reports with the charge sheet in NDPS cases does not entitle the accused to default bail.
The necessity of the FSL report in the challan under Section 173 Cr.P.C. for establishing a case under the NDPS Act and granting default bail.
The significance of the FSL report in establishing the nature of contraband and the accused's culpability under the NDPS Act, entitling the accused to default bail if the challan is submitted without....
The main legal point established in the judgment is that the non-filing of the FSL report along with the chargesheet does not make the chargesheet incomplete, and the accused cannot automatically cla....
The essential nature of the FSL report in establishing the nature of contraband and the inability to take cognizance of an offence under the NDPS Act without it.
The absence of an FSL report does not render a chargesheet incomplete; the right to default bail ceases once a chargesheet is filed, regardless of pending investigations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
