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ARIJIT BANERJEE, APURBA SINHA RAY
Delwar Sk. @ Delwar Seikh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Apurba Sinha Ray, J.—The petitioner claims that he was arrested on 21.02.2024 with some contraband articles being commercial quantities and charge sheet was filed without FSL Report on 16.08.2024. 180 days expired from his arrest on 19.08.2024. The chemical examiner directly sent the Forensic Science Laboratory Report (‘the FSL Report’ in short) to the Trial Court on 26.09.2024 and the present petitioner filed a statutory bail application on 27.09.2024. The concerned I.O. submitted supplementary charge sheet along with FSL Report on 30.10.2024.
2. According to the learned counsel, Mr. Soumyajit Das Mahapatra that the FSL Report cannot be directly sent to the Trial Court by the chemical examiner and the same cannot automatically become part of the charge sheet. The learned counsel has submitted that according to section 190(1)(b) of Cr.P.C. the Learned Trial Court may take cognizance of any offence on the basis of police report. Section 173(2)(i) of Cr.P.C. prescribes that as soon as the investigation is complete, officer-in-charge shall forward the report to the Magistrate for taking cognizance of the offence on a police report as per the form prescribed by the State Gover
(1) Statutory bail – Accused under NDPS Act are also entitled to be informed of their such right by Special Judge – If charge-sheet is filed within statutory period of 180 days or within extended per....
The right to default bail under Section 167(2) of the Criminal Procedure Code is extinguished upon the filing of a supplementary charge-sheet with the required report and the Court taking cognizance.
The non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
A Charge-Sheet filed without a Chemical Analysis Report can be deemed valid, shifting the bail determination to merits rather than procedural deficiencies once filed within statutory limits.
The main legal point established in the judgment is that the pending FSL report does not render the charge sheet incomplete, and the determination of the accused's involvement in the offence is a mat....
Point of Law : Section 173(8) of the Cr.P.C. directs further investigation in the matter.
Default bail – Once a charge-sheet is filed within stipulated time, question of default bail does not arise. It cannot be held that additional documents cannot be produced subsequently.
Default bail – Petitioner does not get a right to demand for enlargement on the ground of default bail under Section 167(2) of Cr.P.C. merely because charge-sheet/final report filed by Police after i....
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.
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