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2023 Supreme(Del) 3719

DINESH KUMAR SHARMA
Hashmat Mohammadi – Appellant
Versus
State, NCT of Delhi – Respondent


Advocates appeared:
Mr. Hemant Gulati, Advocate, for the Petitioner.
Mr. Amol Sinha, ASC, for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumar and Ms. Chavi Lazarus and SI Dinesh, PS Special Cell.

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,

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