JUDGMENT

AMIT MAHAJAN, J.

1. The present application is filed under Section 167(2) read with Sections 439 of the Code of Criminal Procedure,1973 (`CrPC') seeking grant of default bail in FIR bearing no. 237/2023 dated 20.02.2023, registered at Police Station Bawana, for offences under Sections 21/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act').

2. Brief facts of the case are that a secret information was received on 20.02.2023 that a person namely, Bhushan/applicant, who is involved in the business of Heroin, will come via the road leading from Bawana Police Station towards Narela and would be carrying Heroin in large quantities for supplying it to one of his customers at J.J Colony, Bawana. Thereafter, a raiding team was formed and at around 6:25 pm, the team reached the spot and stopped the car on the side of the road. At around, 06:42pm, the informer identified the suspect who was riding a blue scooter without helmet and was seen coming towards Sector-2, Bawana, Delhi and immediately, thereafter, the raiding team apprehended the applicant and informed him about the information they had received. After complying with the statutory provisions, the raiding team conducted a cursory search of the applicant, during which a black coloured polythene bag of heavy weight was recovered from the right pocket of his lower. On checking the same, it was found to be Heroin weighing 400 grams. The present FIR was thereafter registered, and the applicant was subsequently, arrested.

3. The charge sheet was thereafter filed on 01.07.2023.

4. The applicant filed an application under Section 167(2) of the CrPC seeking grant of default bail before the learned Special Judge (NDPS) North, Rohini Courts, Delhi on the ground that the chargesheet was incomplete since the same was filed without any FSL report. The application was dismissed by order dated 13.10.2023 on the ground of non-maintainability. It was held that the issue whether chargesheet filed without FSL report is an "incomplete chargesheet", is pending consideration before the Hon'ble Supreme Court and the Court, in such a circumstance, is bound to follow the law as laid down by the Division Bench of this Court in Kishan Lal v. State, 1989 SCC OnLine Del 348.

5. The learned counsel for the accused/applicant submitted that the chargesheet in the present case was filed without FSL Report, the chargesheet in such a case would be considered as "incomplete" and thus, the applicant would be entitled to default bail since, the investigation was not completed within the statutory period as provided under Section 36A (4) of the NDPS Act.

6. The learned counsel submitted that the Hon'ble Apex Court in several recent decisions, including in Mohd Arbaz & Ors. v. State of NCT of Delhi, SLP (Criminal) No. 6876-6877/2022 and Suleman v. The State (GNCT of Delhi), SLP (Criminal) No.1929/2023, has granted interim bail to the accused persons, in cases where FSL report was not filed along with the charge sheet within a period of 180 days and held that non-filing of the FSL Report with the charge sheet would not make the charge sheet incomplete.

7. The learned Additional Public Prosecutor for the State submitted that the present case pertains to recovery of 400 grams of Heroin, which is a commercial quantity, from the possession of accused person who is allegedly involved in trade of narcotic drugs. It is argued that in the case of Mohd Arbaz & Ors. v. State of NCT of Delhi (supra), the Hon'ble Apex Court has only opted to examine the legal issue in detail and for the time being, interim relief has been granted to the accused.

8. The learned APP submitted that mere non-filing of the FSL report does not render the charge sheet incomplete, especially when there is sufficient incriminating material on record to initiate prosecution against the applicants.

9. The learned APP further submitted that the question whether the charge sheet is incomplete or not without the FSL Report, is yet to be deci