Punjab and Haryana High Court: Anupinder Singh Grewal, J., granted bail to the person accused of carrying 1.6 kg of ganja on the ground that the challan filled without FSL report would not be a complete challan.
The petitioner had approached the Court for seeking default bail in a case under Section 20(b) of the NDPS Act. The contention of the petitioner was that the challan had been filed without the FSL report, and therefore, he would be entitled to default bail in terms of Section 167(2) CrPC. The allegation against the petitioner was that 1kg 600 grams of ‘ganja’ was recovered from him.
Reliance was placed by the petitioner on State of Haryana v. Dildar Ram, CRM-M-25600-2021, wherein it had been held that filing of the challan without FSL report would not be regarded as a complete challan and, therefore, the accused would be entitled to default bail in terms of Section 167(2) CrPC. Similarly, in Ajit Singh v. State of Punjab, CRR No.4659 of 2015, it was held that the report of the FSL with regard to the nature of the recovered substance would go to the root of the matter and, therefore, a challan filed without the FSL report with regard to the nature of the substance would be an incomplete challan and would not satisfy the requirement envisaged under Section 167(2) CrPC.
In Ajit Singh v. State of Punjab, CRR No.4659 of 2015, the Court had observed the following:
“We emphasize on the stringent aspect of the N.D.P.S. Act which would compellingly persuade us to take the aforesaid view. Without determining the nature and content of the contraband, it would be draconian to propel an accused into the throes of a trial. The liberty of an individual would constantly be imperiled at the hands of dubious officials of the police who may venture to falsely implicate a person. It is for this reason that we would unhesitatingly conclude that the Chemical Examiner’s report is an essential ; integral and inherent part of the investigation under the N.D.P.S. Act as it would lay the foundation of an accused’s culpability without which a Magistrate would not be enabled to form an opinion and take cognizance of the accused’s involvement in the commission of offence under the Act.”
In the light of the above judgment, the Bench held that since the challan had been filed without the FSL report in the instant case, the petitioner would be entitled to be released on default bail in terms of Section 167(2) CrPC. Accordingly, the petitioner was ordered to be released on default bail on his furnishing requisite bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.[Bhim Sain v. State Of Haryana, CRR No. 1300 of 2021, decided on 28-10-2021]
Kamini Sharma, Editorial Assistant has reported this brief.
For the Petitioner: V.B. Godara, Advocate
For the Respondent: Aditi Girdhar, AAG, Haryana