A charge-sheet filed within the statutory time limit is valid even without a forensic report; delay in trial does not justify bail.

 1. Heard Mr. O. Laskar, learned counsel for the petitioner as well as Mr. S. C. Keyal, learned standing counsel, NCB.

2. By filing this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Gurvinder Singh, has prayed for grant of bail in connection with NDPS Case No.8/2023 (Corresponding to the NCB Crime No. 20/2022) under Sections 8(c)/20(b)(ii)(C)/29 of NDPS Act, pending in the court of learned Additional Sessions Judge, No.2, Kamrup(M), Guwahati.

Advocate for the Petitioner : MR. O LASKAR Advocate for the Respondent : SC, NCB BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 14.05.2024 1. Heard Mr. O. Laskar, learned counsel for the petitioner as well as Mr. S. C. Keyal, learned standing counsel, NCB.

2. By filing this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Gurvinder Singh, has prayed for grant of bail in connection with NDPS Case No.8/2023 (Corresponding to the NCB Crime No. 20/2022) under Sections 8(c)/20(b)(ii)(C)/29 of NDPS Act, pending in the court of learned Additional Sessions Judge, No.2, Kamrup(M), Guwahati.

Page No.# 2/7 3. The brief fact of the case is that on 11.07.2022 the NCB officials of Guwahati zonal unit conducted an inquiry from Khanapara bridge to Basistha Chariali on the basis of an information received earlier regarding trafficking of ganja. Accordingly, on that day at about 9.30 pm they intercepted a truck bearing No. UK 06 CA 7169 near Khanapara flyover and recovered huge quantity of ganja weighing 297.520kg. Accordingly, a case was registered vide NCB crime No. 20/2022. The driver of the truck Arif Mohmad was arrested and the contraband was seized. On the basis of the statement given by the arrested accused, the petitioner received a notice issued by the NCB asking him to appear before NCB, Guwahati for interrogation. On appearance of the petitioner on 25.09.2022, he was also arrested in connection with the case.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and no way connected with the alleged offence. The petitioner was made an accused only on the basis of the confessional statement given by the driver of the vehicle. It is further submitted that nothing was recovered from the possession of the petitioner and he was also not present at the place of occurrence. During investigation, the petitioner was summoned by the NCB, Guwahati for examination. On his appearance before the concerned authority, the petitioner was arrested and since then he has been languishing in judicial custody. The petitioner had no knowledge about the alleged trafficking of the contraband.

5. It is also submitted by the learned counsel for the petitioner that the three accused persons are absconding in the case pending before the trial court.

Though warrant of arrest was issued against them but the police have failed to arrest the absconder accused. As such, there is no possibility that the trial would start soon in their absence. It is further submitted that the detention of the Page No.# 3/7 present petitioner for an indefinite period of time for the trial is not justified and hence, he may be released on bail.

6. Another contention raised by the learned counsel for the petitioner is that the petitioner is also otherwise entitled for default bail under Section 167(2) Cr.P.C. as the investigation was not completed within the period of 180 days and the incomplete charge-sheet was filed without the chemical analysis report.

According to learned counsel for the petitioner, the incomplete charge-sheet was filed to defeat the indefeasible right of the petitioner to claim default bail. An incomplete charge-sheet particularly, not accompanied by a chemical analysis report is not a charge-sheet in the eye of law. As such the petitioner is entitled to be released on default bail.

In support of his submission learned counsel has placed reliance on the following case laws:

(i)(1014) SCC online P& H 24880 (Ravinder @ Bindar vs State of Hariyana) (ii) (2022) 1