* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 7^th December, 2023 Judgment delivered on: 22^ndDecember, 2023 + CRL.M.C. 6288/2023 & CRL.M.A. 23536/2023 (stay)

STATE (NCT OF DELHI) THROUGH DEPUTY COMMISSIONER OF POLICE, CRIME-III, DELHI..... Petitioner Through: Mr. Sanjeev Bhandari, ASC for State with Mr. Kunal Mittal, Mr. Arjit Sharma, Mr.Shushant Bali, Ms.Anvita Bhandari and Ms. Rishika, Advocates.

Insp. Rakesh Duhav, PS ANTF, Crime Branch.

versus SHADAB ..... Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

AMIT BANSAL, J.

1. The present petition has been filed seeking quashing and setting aside of orders dated 31^st July, 2023 and 2^nd August, 2023, passed by Special Judge, (NDPS) Additional Sessions Judge (ASJ), District North East, Karkardooma Courts, Delhi in a case titled State v. Shadab emanating out of FIR No. 26/2023, to the extent of observations made therein and the bailable warrants issued against the petitioner Deputy Commissioner of Police (DCP) (Crime) vide order dated 2^nd August, 2023.

Signature Not Verified Digitally Signed By:DINESH KUMAR

2. The facts and circumstances, leading to the filing of the present petition, are that an FIR No. 26/2023 under Sections 21/25 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) and Section 201 of the Indian Penal Code, 1860 (IPC) was registered at Police Station Crime Branch. On 7^th February, 2023, the accused persons were sent to judicial custody, which was extended from time to time, and the exhibit samples in the case were sent to the Forensic Science Laboratory (FSL). Subsequently, the Chargesheet was filed on 31^stJuly, 2023.

3. Vide order dated 31^st July, 2023, the Sessions Judge directed the IO, SHO, ACP and DCP (Crime) to appear in court before himself as in the aforementioned case, the Chargesheet was filed without an FSL Report. The relevant portion of the said order is extracted herein below:-

“……IO has submitted that report of FSL is still pending and when this court has asked to this IO whether any D.O. letter was written by the DCP(Crime), he has told that DCP (Crime) had written D.O letter to the FSL on dated 21.06.2023. Since, the accused in the present case was arrested way back on 03.02.2023 and charge-sheet has been filed today at 3:45PM that too without any report of FSL. It is observed that police officials even in the crime branch are not following the standing order of the Commissioner of Delhi Police No. L&O No. 21-22 as the DO letter was written by DCP(Crime) on 21.06.2023.

In view of non-compliance of above said standing order of Commissioner of Delhi Police, the IO, SHO, ACP and DCP (Crime) are called upon for the next date of hearing as it appears to the court that no sincere effects are not being made by these police officials to receive the report of FSL expeditiously. To come on 02.08.2023”.

4. On 2^nd August, 2023, DCP (Crime) had requested an exemption from personal appearance before the Sessions Court as he was pre-occupied with Signature Not Verified Digitally Signed By:DINESH KUMAR official duties. However, this request was rejected on the ground that no official exigencies were shown in the request letter. Furthermore, bailable warrants in the sum of Rs. 5000/- were issued against the DCP (Crime). The relevant portion of the said order is extracted herein below:-

…. IO has also brought the request of Sh. Amit Goel, DCP, Crime Branch, wherein it is stated that he is occupied in official duties today, so he may be exempted from his personal appearance, but no official exigencies is shown in this request letter, so this application is dismissed.

B/W in the sum of (Rs. 5,000/- are ordered to be issued against DCP, Crime Branch. Same are ordered to be executed through the Commissioner of Police…..”

5. The directions contained in the impugned orders qua the DCP (Crime) were stayed by the Predecessor Bench vide order dated 31^st August, 2023. Liberty was also given to the State to place on record additional docum