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JASJIT SINGH BEDI
Sukhdev Sharma – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral). - The present revision petition has been directed against the order dated 19.05.2022 passed by the Judge, Special Court, Ambala, vide which the bail application filed by the petitioner under Section 36-A of the NDPS Act read with Section 167(2) Cr.P.C., seeking default bail was dismissed.
2. Briefly, FIR No.225 dated 28.08.2021 under Section 15 of the NDPS Act with Police Station Mullana, District Ambala, came to be registered in pursuance to the recovery of 17 kilos of poppy straw alongwith 54 kilos 700 grams of poppy husk from the petitioner and his co-accused.
3. The petitioner was arrested on 28.08.2021 and the report under Section 173(2) Cr.P.C. without the FSL report was submitted on 14.10.2021. 180 days lapsed on 28.02.2022. An application was moved under Section 167(2) Cr.P.C. on 18.05.2022 which came to be dismissed on 19.05.2022 (the impugned order).
4. The learned counsel for the petitioner inter alia contends that the Trial Court has wrongly dismissed the application filed by the petitioner under Section 167(2) Cr.P.C. read with Section 36-A of the NDPS Act for default bail without assigning any cogent reason and despite knowing the fa
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.
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.
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.
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 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.
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.
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.
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