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VIKAS BAHL
Amarjit Alias Aman Alias Amni – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Vikas Bahl, J. (Oral). - Challenge in the present Criminal Revision is to the order dated 06.06.2022 to the extent that the Special Judge Under NDPS Act, Fatehabad, in an application for bail under Section 36-A of the NDPS Act and Section 167(2) of Cr.P.C. had ordered the release of the petitioner on default bail 'till receipt of FSL report' instead of allowing the said application.
2. Learned counsel for the petitioner has submitted that in the present case, the petitioner was arrested on 05.02.2022 and the challan has been presented on 06.04.2022 and the said challan did not contain the FSL report. It is further submitted that since the alleged recovery effected in the present case is 30 grams 45 milligrams of heroin thus, challan was to be presented within a period of 60 days. It is contended that the challan was presented on 06.04.2022 without annexing the FSL report. It is further contended that application under Section 167(2) of Cr.P.C. read with Section 36-A of the NDPS Act was filed on 01.06.2022 and no application for extension of time to complete investigation was filed by the prosecution in terms of Section 36(4) of the NDPS Act. It is argued that the FSL report
A challan presented without the FSL report can be deemed incomplete, entitling the accused to default bail unless an application for extension of time is filed.
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 significance of the FSL report in establishing the nature of contraband and the accused's culpability under the NDPS Act, entitling the accused to default bail if the challan is submitted without....
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.
Filing a challan without the FSL report in a case under the NDPS Act does not constitute a complete challan, entitling the accused to default bail under Section 167(2) Cr.P.C.
A challan filed without an FSL report in a case under the NDPS Act is an incomplete challan and does not satisfy the requirement of Section 167(2) Cr.P.C., entitling the accused to default bail.
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 did not entitle the Applicant to default bail, as the Charge Sheet, filed within the statutory period, was not incomplete without the FSL repo....
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