Back
DELHI HIGH COURT
SWARANA KANTA SHARMA
Suleman – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. facts of the case establish the context for bail. (Para 1 , 2) |
| 2. argument regarding fsl report's role in the charge sheet. (Para 3 , 4) |
| 3. court's reasoning on default bail and fsl report implications. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. conclusion affirming refusal of bail application. (Para 14) |
JUDGMENT
Swarana Kanta Sharma, J.
| INDEX | ||
| S. No. | Particulars | Para |
| 1. | Facts of the Case | 2 |
| 2. | Submissions of Learned Counsels | 3 |
| 3. | Default Bail Under Section 167 | 5 |
| (i) Objective | 5 | |
| (ii) Law | 7 | |
| 4. | FSL Report not part of the Charge Sheet | 10 |
| 5. | Conclusion | 14 |
1. The present Revision Petition has been filed, to set aside the order dated 05.05.2022, passed by the Learned Trial Court, North District, Rohini Courts, Delhi, wherein Default Bail of the Petitioner, under Section 167(2) Cr.P.C. was dismissed by the learned Trial Court.
Facts of the Case
2. The brief facts leading to the present petition are as under:
a) The Petitioner is in custody in case FIR no. 96/2021 under Sections 21 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter "NDPS Act") registered at P.S. Narela Industrial Area. On completion of the investigation, the charge sheet was filed on 03.03.202
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.
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.
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.
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.
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....
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.
The main legal point established in the judgment is that the charge sheet can be considered complete even without the FSL report, and the accused may not be entitled to default bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
