Non-filing of FSL report does not render a chargesheet incomplete under the NDPS Act, and the absence of reasonable grounds for believing the accused did not commit the offence precludes bail.

JUDGMENT

SWARANA KANTA SHARMA, J.

1. The present application under Section 439 of the Code of Criminal Procedure, 1973 [hereafter „ Cr.P.C .‟] / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter „ BNSS ‟] has been filed on behalf of the applicants, seeking grant of regular bail in case arising out of FIR No. 67/2023, registered at Police Station Special Cell, Delhi, for offence punishable under Section 18/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereafter „NDPS Act‟].

2. Briefly stated, the facts of the case are that on 13.03.2023, at about 02:00 PM, a secret informer had approached the office of Special Cell and informed Inspector Satvinder that a person named Onkar Singh, engaged in the supply of narcotic drugs, would be arriving in the Sarita Vihar area, Delhi, in a truck bearing registration number RJ-10GB-7417 to deliver a consignment of narcotics. The information was recorded and conveyed to ACP Attar Singh, who had directed appropriate legal action. A DD entry No. 101A dated 13.03.2023 was registered, and a raiding team was constituted. Subsequently, on the same day at about 06:00 PM, the raiding team had apprehended Onkar Mal, aged 52 years, along with the said truck at the pointed location. After completing necessary legal formalities, a search was conducted, but no contraband was found initially. Upon interrogation, Onkar Mal had disclosed that the opium was concealed in a secret cavity inside the truck. A mechanic was called, and upon cutting open the cavity, 63 packets containing 70.308 kg of opium were recovered. A field testing kit had confirmed the substance as opium. Consequently, the present FIR was registered, and the investigation was initiated.

3. During the course of the investigation, on 15.03.2023 at about 08:20 PM, at the instance of accused Onkar Mal, two persons, namely Om Prakash @ Fauzi and Vikas Pareek (present applicant), were apprehended along with an Ertiga car bearing registration No. HR-69D-1395. After completing legal formalities, a search of the vehicle had led to the recovery of 31 packets containing 30.03 kg of opium, which had been concealed beneath the backseat and inside the plastic interior of the vehicle. The seized substance had also tested positive for opium using a field testing kit. Upon interrogation, the accused, Om Prakash and Vikas Pareek, disclosed that they had procured the contraband from an individual named Kuki in Imphal, Manipur, at the behest of one Sahiram. They had further revealed that Onkar Mal had been instructed to deliver 63 packets – 30 packets to Sarita Vihar and the remaining to Sahiram in Jodhpur, Rajasthan. The applicants had also stated that they had arrived in Delhi to deliver 31 packets on the instructions of Sahiram when they were apprehended. Despite efforts, the co-accused Sahiram and Kuki could not be traced due to the lack of specific details regarding their identity and address. Samples from the seized opium had been placed before the concerned Court and deposited at FSL, Rohini, New Delhi, for FSL report, which is still awaited. The chargesheet against the accused persons, including the present applicant, was filed before the concerned Court on 31.08.2023.

4. The bail applications filed by the applicant were dismissed by learned Sessions Court on 12.01.2024. Further, the bail application filed before this Court was withdrawn by the applicant on 09.07.2024.

5. The learned counsel appearing for the applicant argues that though the charge sheet has be