Read Order: BHIM SAIN v. STATE OF HARYANA
Chandigarh, November 2, 2021 : In a case pertaining to the NDPS Act, the Punjab and Haryana High Court has observed that as the chargesheet 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), Cr.P.C.
The petitioner was seeking default bail in a case wherein the FIR was registered under Section 20(b) of the NDPS Act,at Police Station City, Fatehabad.
The petitioner’s counsel mainly contended that the challan had been filed in the instant case on February 11,2021 without the FSL report, and therefore, he would be entitled to default bail in terms of Section 167(2) Cr.P.C.
The State counsel stated that the FSL report had not been filed till date. He, however, contended that a chargesheet filed without even FSL report would be a complete chargesheet.
The FIR was registered against the petitioner on December 22, 2020 on the allegation that 1kg 600 grams of ‘ganja’ was recovered from the petitioner. The charge sheet was stated to have been filed on February 11,2021. The FSL had not been filed along with the charge sheet.
The petitioner had sought bail from the Sessions court in terms of Section 167(2) Cr.P.C. but his application was dismissed on October 11,2021.
The Bench of Justice Anupinder Singh Grewal referred to the judgment of this Court in State of Haryana Vs. Dildar Ram @ Dari,wherein it has been held that challan filed without FSL report would not be regarded as a complete challan and the accused would be entitled to default bail in terms of Section 167(2) Cr.P.C.
“Therefore, as 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) Cr.P.C.”, noted the Bench.
Hence, without expressing any opinion on the merits of the case, the instant petition has been allowed and the petitioner has been ordered to be released on default bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.