In CRR-457 of 2023-PUNJ HC- FSL goes to root of case and is material document, non-filing of which makes chargesheet incomplete: P&H reverses lower Court's order dismissing petitioner's bail plea in NDPS Act case wherein complete chargesheet with FSL report was not filed within statutory time limit
Justice Karamjit Singh [27-02-2023]

Read Order: Kapil Goel alias Babloo v. State of Haryana

Monika Rahar

Chandigarh, February 28, 2023: While dealing with a criminal revision petition assailing the order of the lower court whereby the petitioner's default bail application was dismissed, the High Court of Punjab and Haryana has reiterated that the report of the FSL goes to the root of the case and is a material document and as such, filing of chargesheet without the same is not to be treated as complete chargesheet.

As per the prosecution case, the petitioner before the bench of Justice Karamjit Singh was arrested by the police on August 6, 2022 along with a commercial quantity of contraband and that he was produced in the concerned Court on the next day. 

The petitioner's counsel contended that the statutory period of 180 days provided for filing of complete challan expired on February 3, 2022, however, by that date incomplete challan was presented without the report of FSL. The counsel further contended that no application was filed by the public prosecutor, as per Section 36A(4) NDPS Act, seeking extension of time to complete the investigation in the present case. 

In the present case, no report was ever furnished by the public prosecutor in terms of the aforesaid statutory provision, the Counsel submitted while arguing that the petitioner’s right to default bail accrued on February 4, 2022 and even on that date no FSL report was filed. The petitioner filed an application under Section 167(2) Cr.P.C on that very day.  

It was further the Counsel's case that as the challan which was filed by the police on December 21, 2022 was without any FSL report and the prosecution also failed to file report of FSL within the statutory period of 180 days as per the provisions of Section 36 NDPS Act read with Section 167(2) Cr.P.C., the same was to be considered by incomplete challan. 

After hearing the parties, the Court observed that even by that date when the statutory period of 180 days wherein complete challan was to be filed expired, the report of FSL was still awaited and on the next day, the petitioner filed an application for grant of default bail. 

"It is not disputed by the State counsel that by 3.2.2023 (when the period for filing complete challan expired), no application was filed by the public prosecutor seeking extension of time for the purpose of investigation of the case", the Bench observed while also adding that even no report of public prosecutor was filed as per the requirements of Section 36A(4) of NDPS Act.

In light of the above, the Bench reiterated (while making reference to two of its earlier decisions) that the report of the FSL goes to the root of the case and is a material document and as such, filing of challan without the same is not to be treated as complete challan. 

In the light of the above, the impugned order rejecting default bail to the petitioner was set aside and the petitioner was ordered to be released on default bail on furnishing requisite bail bonds to the satisfaction of concerned Trial Court/Special Judge (Duty).