JUDGMENT

Gurvinder Singh Gill, J. (Oral) - The petitioner assails order dated 28.4.2022 passed by learned Additional Sessions Judge, Fatehabad vide which an application filed by the petitioner under provisions of Section 36-A of the NDPS Act and Section 167(2) Cr.P.C. for grant of bail has been declined.

2. A few facts necessary to notice for disposal of this peition are that FIR No. 48 dated 9.2.2022, Police Station City, Ratia, District Fatehabad, under Sections 21(b)/27-A/29/61/85 of the NDPS Act, was lodged against the petitioner wherein the allegations are broadly to the effect that on 09.2.2022, the petitioner was found in possession of 15 grams of 'Heroin'.

3. The matter was investigated by the police and a report under Section 173 Cr.P.C. was presented before the trial Court on 7.4.2022. The said report was, however, not accompanied by the report of FSL.

4. The period of 60 days, which is mandated for filing of challan in cases of recovery of non-commercial quantity, as per provisions of the NDPS Act read with Section 167 Cr.P.C. expired on 10.4.2022. Since the prosecution did not file the FSL report even by the said date, the petitioner moved an application dated 26.4.2022 und