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JASJIT SINGH BEDI
Pawan @ Bablu Sighar – Appellant
Versus
State of Haryana – Respondent
JASJIT SINGH BEDI, J.
The present revision petition has been directed against the order dated 17.09.2022 passed by the Additional Sessions Judge, Sirsa, 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.316 dated 14.7.2022 under Section 15/61/85 of the NDPS Act with Police Station Sadar Dabwali, came to be registered in pursuance to the recovery of 14Kg Doda Post.
3. The petitioner was arrested on 19.02.2021 and the report under Section 173(2) Cr.P.C. without the FSL report was submitted on 07.09.2022. 60 days lapsed on 12.09.2022. An application was moved under Section 167(2) Cr.P.C. on 16.09.2022 which came to be dismissed on 17.09.2022 (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 fact that an incomplete challan had been filed.
5. The learned counsel for the petitioner has placed reliance on a D
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.
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.
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.
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....
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 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 non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
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