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AMIT MAHAJAN
Bhushan @ Veera – Appellant
Versus
State (NCT) of Delhi) – Respondent
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
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.
Non-filing of the FSL report along with the charge sheet does not render the charge sheet incomplete, and therefore, no right of default bail is accrued in favor of the accused.
Non-filing of the FSL report along with the Charge Sheet did not entitle the Applicant to default bail, as the Charge Sheet, filed within the statutory period, was not incomplete without the FSL repo....
The absence of an FSL report does not invalidate a charge sheet under NDPS Act, affirming the right to default bail remains linked to timely completion of investigations.
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 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.
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.
Point of Law : Section 173(8) of the Cr.P.C. directs further investigation in the matter.
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