O R D E R

% 14.08.2024 1. The present criminal revision petition is filed under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), challenging the order dated 24.01.2023 passed by the learned Special Judge (NDPS), Dwarka Courts, whereby the application filed by the petitioner seeking statutory bail in FIR No.27/2022 dated 08.01.2022, registered at Police Station Vikaspuri, for offences under Section 18/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) was dismissed.

2. The brief facts of the care are that on 07.01.2022 at approximately 9:45 PM, on the basis of secret information, the petitioner was apprehended from his house. It is alleged that two polybags containing 750 grams of opium were recovered from his refrigerator.

3. The contention of the petitioner is that the chargesheet has been filed without the FSL report and hence is an incomplete chargesheet.

4. The learned counsel for the accused/applicant submitted that the chargesheet in the present case was filed without FSL Report, the chargesheet in such a case would be considered as ‘incomplete’ and thus, the applicant would be entitled to default bail since, the investigation was not completed within the statutory period as provided under Section 36A (4) of the NDPS Act. 5. He further submits that the Hon’ble Apex Court in several recent decisions has enlarged the accused person on interim bail in cases where FSL report was not filed along with the charge sheet within a period of 180 days.

6. The learned Additional Public Prosecutor for the State submits that commercial quantity has been recovered from the petitioner in the present case.

7. He submits that mere non-filing of the FSL report does not render the charge sheet incomplete.

8. The principal question that falls for the consideration of this Court is whether the applicant is entitled to the benefit of the statutory right conferred under the proviso to sub-section 2 of Section 167 of the CrPC, on the ground that non-filing of the FSL report renders the charge sheet incomplete, even if the same is filed within the prescribed time limit.

9. It has been held by this Court in plethora of decisions that non-filing of FSL report along with the charge sheet does not render it as ‘incomplete charge sheet’ and, accordingly, no right of default bail accrues in favour of the accused. In Satish Kumar & Anr. v. State : 2024:DHC:1258, this Court concurred with the view taken by the Coordinate Bench of this Court in Arif Khan v. State (NCT of Delhi) : 2023 SCC OnLine Del 2374 and the law laid down by the Division Bench in Kishan Lal v. State : 1989 SCC OnLine Del 348, and dismissed the petition that was filed urging the same ground. This Court held that mere non-filing of FSL Report along with the charge sheet is not sufficient to arrive at the conclusion that the charge sheet filed was incomplete. It was further observed that the said report can be filed by way of a supplementary charge sheet and in any case, FSL report is only a corroborative piece of evidence.

10. The Division Bench of this Court, in Kishan Lal v. State (supra), has held that there is no mandate under Section 173 of the CrPC, that a police report shall enclose the report of a scientific expert and that an investigation under the NDPS Act cannot be said to be incomplete in the absence of the report of the Scientific Officer and Chemical Examiner.

11. As noted by this Court in in Satish Kumar & Anr. v. State (supra), this Court is bound by the decision in Kishan Lal v. State (supra) as judicial discipline mandates that this Court has to decide the matters on the basis of the law as it stands and the pendency of any reference would not mean that the other proceedings involving the similar issue would remain stayed.

12. The Hon’ble Apex Court in Union Territory of Ladakh v. Jammu & Kashmir National Conference : 2023 SCC OnLine SC 1140 held as under :

“35. We are seeing before us judgments and orders by