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 claim default bail in its absence.

JUDGMENT

Dinesh Kumar Sharma, J.

1. The present bail application has been filed under section 167(2) read with section 482 Cr.P.C seeking statutory bail on behalf of Hashmat Mohammadi in case FIR No. 0117/2021 under section 21 Narcotics Drugs and Psychotropic Substances Act, 1985 at P.S Special Cell. The charge sheet in the present case has also been filed under section 21/25/29 of the N.D.P.S Act, 1985.

2. The petitioner is seeking statutory bail on the ground that the charge sheet was filed without being accompanied by an FSL report. The charge sheet in the present case was filed on 30.05.21 and later, the supplementary chargesheet was filed on 03.02.2022.

3. Earlier, the bail application of the accused by was rejected and disposed of by the learned trial court vide order dated 13.04.2022 by relying upon various judgments and held that the mere non-filing of the FSL report do not make the chargesheet incomplete.

4. In brief, secret information was received on 02/05/2021by SI Sunder Gautam regarding, Altaf@ Mehrajuddin Darji, that somewhere near Zakir Nagar, Delhi he was planning to deliver a consignment of Narcotic Substances (contraband). Pursuant to the information received, a team was formulated and a trap was laid against Altaf @ Mehrajuddin Darji wherein he was found in possession of 4.5kg of contraband and was thereafter arrested. Subsequently, FIR No. 117/21 dated 03.05.2021 was registered at PS Special cell u/s 21 NDPS.

5. During the investigation, a raid was also conducted against a person namely, Abid Hussain Sultan based on the information given by Altaf whereby Abid was found in possession of a total of 12kgs of heroin and the contraband was recovered from his residence situated in Vinobha Puri.

6. Later, Abid Hussain Sultan disclosed about the present petitioner/Hashmat Mohammadi, aged 31 years, is a resident of Afghanistan. Based on the statement given by Abid Hussain Sultan, the Present petitioner was arrested on 04.05.2021, while he was riding a two-wheeler, whereby 5 kg of heroin was recovered from the glove box of the two-wheeler he was riding. Later, the petitioner revealed that the contraband used to be sourced by persons namely, Kasim and Haji, both based in Afghanistan and apart from that a refining factory is also operational in Zakir Nagar, Delhi which was followed by a raid at the house situated at F-57/11, Batla House, Okhla, Delhi wherein a total of 29.5kgs was seized along with other articles used for the operation of the refining factory.

7. Subsequently, another main accused namely Rohit Kumar was also arrested alleging that he is also involved in similar offences and thereafter, he also revealed that he had kept a huge contraband material in a house at Lalukhedi, UP and also in his fields at Manglora, Karnal, Haryana. Police officials also seized 03kg of the contraband from his house in Lalukhedi, UP.

8. Police officials have in total arrested 6 (six) people with respect to similar offences and have also seized 57.2kgs of Heroin. All the six accused including the present petitioner are in judicial custody.

9. As per the status report the role of the present petitioner is as stated below:

i. A total of 05 kg heroin has been recovered from the scooty registered no. DL 3SEH 5799 which the accused was using while being arrested from the Asian market bus stop in Khanpur, Delhi.

ii. A factory of reconstitution/refining factory at the house situated at F-57/11 Batla House, Okhla, Delhi was also unearthed on the instance of the accused, a total of 29.5 kgs of heroin was recovered from this factory.

iii. From the disclosure of the accused persons and the investigation conducted, it is apparent that the person petitioner acted as one of the main culprits/conspirators of the entire racket.

10. Learned counsel for the petitioner has submitted that in the present case the chargesheet was filed on 30.10.2021 and no FSL report was filed along with the chargesheet. Learned counsel further submitted that