The accused is entitled to default bail under Section 167(2) of the Code of Criminal Procedure if the investigation is not completed within the prescribed period.

JUDGMENT/ORDER

Arvind Singh Sangwan, J. - Prayer made in this revision petition is for setting aside the order dated 8.1.2019 passed by the Additional Sessions Judge, Sirsa vide which the application filed by the petitioner for grant of default bail as per provisions of Section 167(2) of the Code of Criminal Procedure was dismissed.

2. Brief facts of the case are that the police party headed by Investigating Officer ASI Deepak Kumar found a motorcycle parked near Kali Mata Mandir and a white plastic sack was found on its seat and six young boys were standing nearby. On seeing the police party, they threw the plastic sack and tried to run away. The police officials stopped the government vehicle and apprehended all the boys and, later on, the boys disclosed their identity. On search of the plastic sack, 29 boxes make NRX Alprozolam tablets 0.5 mg. were recovered. Each box was containing 600 tablets, totaling 17400 tablets were recovered. Since the accused persons failed to produce any licence or bill of the drugs, information was sent to the Chief Medical Officer, Government Hospital, Sirsa to depute a Drug Control Officer. On examination, he declared that the same fall in the definition of psychotropic substance under the Narcotic Drugs and Psychotropic Substances Act. Thereafter, the recovery was effected, the accused persons were arrested and challan was presented.

3. Counsel for the petitioner has submitted that since the incomplete challan was presented before the trial Court as the FSL report was not submitted along with challan, the petitioner moved an application under Section 167(2) Cr.P.C. for granting him default bail.

4. Counsel for the petitioner referred to the application filed before the trial Court in which it was specifically stated that the petitioner is in judicial custody since 15.5.2018 and a period of 180 days has lapsed but the report of the Chemical Examiner is not on the file and no application for extension of time was filed by the prosecution after the lapse of 180 days, therefore, the petitioner is entitled to bail.

5. The State filed a reply and contested the application on the ground that the challan was presented on 22.9.2018 and, later on, the FSL report was received and if the bail is granted, there is a possibility that the petitioner may absent from the Court proceedings or may again involved in the business of the narcotics. In this reply, it was not mentioned that the police has ever moved any application for extension of time for submitting the FSL report which was received later on.

6. The trial Court vide impugned order dated 8.1.2019 dismissed the application observing that even if the challan is submitted without the FSL report, the same is to be treated as a complete challan.

7. Counsel for the petitioner has relied upon the order dated 30.11.2018 passed in CRR-4659-2015, wherein the following observation has been made:-

"The only way that it can be done is to establish the nature of contraband on the basis of the Chemical Examiners report and for this reason, the Chemical Examiners report assumes an immense significance for the trial Court, to formulate an opinion as the very cognizance of an offence would depend on it. Non-conclusion of the Chemical Examiners opinion in the report under Section 173 Cr.P.C. would expose the accused to unfounded dangers imperiling and endangering his liberty since the provisions of the NDPS Act in its applicability to a trial and conclusion are stringent in consequence.

For this reason as well, it is essential that the report of the Chemical Examiner be included in the report under Section 173 Cr.P.C. and without which it can at best be termed to be an incomplete challan depriving the Magistrate of relevant material take cognizance and if it is not submitted within the requisite period of 180 days, it would essentially result in a default benefit to the accused unless an application is moved by the Investigating Agency apprising the Court of status of investig