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.

ORDER : – This is second bail application filed under section 439 of Criminal Procedure Code for grant of bail on behalf of applicant-Khilan Singh in connection with Crime No. 283/2022, registered at Police Station-Nohata, District Damoh (M. P.) for offences under section 8/20 NDPS Act, 1985 and section 130, 177(3) Motor Vehicles Act. His first bail application (M.Cr.C. No. 24354/2022) was dismissed as withdrawn vide order dated 9-6-2022.

2. In this application, the singular and pivotal question raised by applicant is that while filing the challan, the prosecution could not file the report of Forensic Science Laboratory (FSL) regarding the substance recovered from the applicant, thus the applicant became entitled to get the benefit of default bail under section 167(2) of the Criminal Procedure Code.

3. To elaborate, Shri Sandeep Kumar Jain, learned counsel for the applicant submits that the medium quantity of opium (3 kg 580 gm) was allegedly recovered from the applicant. The maximum sentence in the event of conviction in a case of this nature is 10 years. Thus, complete challan should have been filed within 60 days. The challan has not been filed within aforesaid time and therefore, in view of orders of Punjab and Haryana High Court in Criminal Revisions No. 4659/2015, Ajit Singh alias Jeeta and another vs. State of Punjab decided on 30-11-2018 and CRM-M-25600-2021, State of Haryana vs. Dildar Ram @ Dari decided on 15-7-2021, the applicant is entitled to get the benefit of default bail. Shri Jain urged that FSL report regarding the nature of substance is inseparable part of the challan. Since it is not filed within the statutory time limit, the applicant deserves default bail. This is an enforceable right which applicant deserve to enjoy.

4. Sounding a contra note, Shri Vivek Lakhera, learned G. A. opposed the same and prayed for rejection of the bail application.

5. No other point is pressed by the parties.

6. I have heard the parties at length.

7. No doubt, in the case of Ajit Singh and Dildarram (supra), the Punjab and Haryana High Court has granted benefit of default bail on the ground that the chemical examiner’s report is an essential, integral and inherent part of investigation under the NDPS Act. It is like the foundation of an accused’s culpability without which a Magistrate would not be able to form an opinion and take cognizance of accused’s involvement in the commission of crime under the said Act.

8. The argument based on the said two judgments on the first blush appears to be attractive but lost its complete shine when examined in the teeth of relevant statutory provisions and judgments delivered by various other High Courts.

9. The Rajasthan High Court considered the similar aspect and considered the order of Punjab and Haryana High Court in the case of Manmohan Singh @ Goldi. The Rajasthan High Court in Gaurav vs. State of Rajasthan, 2013 SCC Online Rajasthan 3865 opined as under :

“8. When the Hon’ble Single Judge of the Punjab and Haryana High Court was considering the case of Manmohan Singh @ Goldi he was not made aware of the earlier Full Bench Judgment of the Punjab and Haryana High Court rendered in Mehal Singh’s case (supra), wherein the Hon’ble Full Bench of Punjab and Haryana High Court held as below : –

“15. Since a report to qualify itself to be a ‘police report’ is required to contain only such facts as are mentioned in sub-section (2) of section 173, so if once it is found that the police report contained all those facts, then so far as the investigation is concerned the name has to be considered to have been completed. For this view, we receive authoritative backing from the decision of the Supreme Court in Tara Singh vs. State, AIR 1951 SC 441. That was a case in which the accused was arrested on September 30, on the very day of occurrence, he was produced before a Magistrate. On October 1, the police was granted police remand till October 2. The accused was produced on October 3 before the Magi