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SATYAVRAT VERMA
Ram Babu Yadav – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard the learned Advocate for the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Dinara (Bhanas O.P.) P. S. Case No. 267 of 2020 corresponding to N.D.P.S. Case No.11 of 2020, instituted for the offences under Sections 8/20(b)(ii)(c)/22/29 of the N.D.P.S. Act.
3. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the S.H.O., Bhanas O.P. alleges that on 03.09.2020 at about 12:30 hrs he got secret information that one white colour Maruti Car bearing Registration No. KA05AG0727 is parked near a petrol pump in which the smugglers are sitting with ganja and charas, further that information was given to the superior officers and a police team was constituted, investigation kit was taken and further weighing machine was taken from the sweet shop of one Saroj Gupta. It is further alleged that police proceeded at 12:45 pm from the police station along with the Circle Officer and when the team reached near Bariyarpur Petrol Pump, they saw a white colour Maruti car. It is alleged that on seeing the police the accused persons tried to flee with the car but the c
A police report under Section 173(2) is not incomplete solely for lacking an FSL report if filed within the stipulated time, thus default bail cannot be claimed.
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....
Point of Law : Section 173(8) of the Cr.P.C. directs further investigation in the matter.
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 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....
The Court held that a chargesheet is not incomplete merely because it does not contain the FSL report, that a field test is sufficient to establish the nature of the substance and that it is not nece....
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