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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Tushar Chaudhary – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding default bail and fsl report (Para 8 , 9 , 10 , 11) |
| 3. judicial discipline and adherence to precedent (Para 12 , 25 , 26 , 27) |
| 4. court's interpretation of section 167 and completeness of chargesheet (Para 13 , 14 , 15 , 18 , 20 , 21 , 24 , 28) |
| 5. dismissal of application for default bail (Para 29 , 30) |
JUDGMENT :
AMIT MAHAJAN, J.
1. The present application is filed seeking default bail in FIR No. 487/2023 dated 09.08.2023 registered at Police Station Binda Pur for offences under Sections 8 /22/25 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 09.08.2023 at Anti- Narcotics Cell Dwarka that a person namely, Tushar Choudhary, is involved in peddling of ‘Amphetamine’ drugs and that he would come to deliver the same near Solanki Chowk, Bindapur, Matiayala Road, New Delhi at around 02:00 PM – 2:30 PM.
3. Thereafter, a raiding team was formed and the applicant was apprehended at around 2:18 PM when he came on a scooty and withdrew a yellow card box from the trunk of his scooty.
4. A notice under Section 50
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.
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 pending FSL report does not render the charge sheet incomplete, and the determination of the accused's involvement in the offence is a mat....
Default bail – Petitioner does not get a right to demand for enlargement on the ground of default bail under Section 167(2) of Cr.P.C. merely because charge-sheet/final report filed by Police after i....
The essential nature of the FSL report in establishing the nature of contraband and the inability to take cognizance of an offence under the NDPS Act without it.
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 cla....
The failure to include a ballistic report in a charge-sheet does not automatically render it incomplete under Section 167(2)(a)(i) Cr.P.C., especially in serious offences like murder where evidence i....
The necessity of the FSL report in the challan under Section 173 Cr.P.C. for establishing a case under the NDPS Act and granting default bail.
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