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MEENAKSHI MADAN RAI
Anwar Alam – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The Order of the Learned Special Judge, SADA, 2006, Gangtok, Sikkim, dated 01-10-2022, in Criminal Misc. Case (SADA) Bail No.113 of 2022 (Anwar Alam v. State of Sikkim), is being assailed, whereby, the Petitioner's prayer for grant of default bail under Section 167(2) of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C.') was rejected.
2. On 31-05-2022, an FIR was lodged before the Learned Chief Judicial Magistrate, Gangtok District, Sikkim, by the Station House Officer (SHO), Pakyong Police Station, Sikkim, informing that, credible source information was received that, the Petitioner, was in possession of controlled substances in his rented room at Pakyong. The SHO along with duty personnel and two independent witnesses conducted a search therein, where the Petitioner and one Amal Sarkar were present. The search led to recovery of twenty-one bottles of cough syrup (Codeine Phosphate and Chlorpheniramine Maleate Syrup) and five empty bottles of cough syrup (Codeine Phosphate and Chlorpheniramine Maleate Syrup/Cetrizine HCL Dextromethorphan HBR and Phenylephrine HCL Syrup). The Petitioner was arrested on 31-05-2022 under Section 7 of the
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.
The absence of an FSL report does not render a chargesheet incomplete; the right to default bail ceases once a chargesheet is filed, regardless of pending investigations.
The main legal point established in the judgment is that the pending FSL report does not render the charge sheet incomplete, and the determination of the accused's involvement in the offence is a mat....
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.
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 right to default bail under Section 167(2) of the Criminal Procedure Code is extinguished upon the filing of a supplementary charge-sheet with the required report and the Court taking cognizance.
Point of Law : Section 173(8) of the Cr.P.C. directs further investigation in the matter.
Default bail – Petitioner does not get a right to demand for enlargement on the ground of default bail under Section 167(2) of Cr.P.C. merely because charge-sheet/final report filed by Police after i....
The failure to include a ballistic report in a charge-sheet does not automatically render it incomplete under Section 167(2)(a)(i) Cr.P.C., especially in serious offences like murder where evidence i....
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