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JASGURPREET SINGH PURI
Tajudin Alias Rohtash – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
JASGURPREET SINGH PURI. J.
1. The present Revision Petition has been filed challenging the order passed by the learned Addl. Sessions Judge, Rohtak dated 02.04.2021 wherein the application filed by the petitioner for the grant of bail under Section 167(2) of Cr.P.C. read with Section 439 of Cr.P.C. has been dismissed.
2. As per the FIR, on 17.07.2020, a secret information was received that Tajudin @ Rohtash (petitioner), Ram Rattan @ Kala and Arvind Raut are carrying charas in a vehicle, which was a Maruti Swift car and thereafter, the police party after making a report under Section 42 of the NDPS Act reached the spot and the vehicle was stopped. In the vehicle, the driver disclosed his name as Tajudin @ Rohtash, who is the present petitioner and the person who was sitting next to him disclosed his name as Ram Rattan @ Kala and the third person disclosed his name as Arvind Raut. Thereafter, the procedure is stated to be followed under Section 50 of the NDPS Act. There was alleged recovery from a bag in the vehicle which contained 20 packets of charas and its total weight was found to be 10 Kg. 200 grams.
3. The subject matter of the present Revision Petition pertains to the
The FSL report is an essential part of the investigation under the NDPS Act, and an incomplete challan without the FSL report entitles the accused to default bail under Section 167(2) of the Code of ....
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 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 main legal point established in the judgment is the significance of the FSL report in completing the investigation in NDPS Act cases and the accused's right to default bail under Section 167(2) C....
The right to default bail under Section 167(2) Cr.P.C. is absolute if the investigation is not completed within the stipulated time, necessitating a public prosecutor's report for any extension.
The right to default bail under Section 167(2) Cr.P.C. is absolute and must be granted if the prosecution fails to file a challan within the stipulated time, as per Section 36A(4) of the NDPS Act.
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 main legal point established is that in cases under the NDPS Act, if the challan is presented without the FSL report within the stipulated period, it would be treated as incomplete, entitling the....
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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