InBail Appln. 2869/2023 -DEL HC- Delhi High Court rejects statutory bail application of man accused under NDPS Act; rules that absence of FSL report in charge sheet does not constitute ‘incomplete report’
Justice Dinesh Kumar Sharma [21-09-2023]

Read Order:Hashmat Mohammadi V. State, NCT of Delhi

Chahat Varma

New Delhi, October 3, 2023: The Delhi High Court has rejected a statutory bail application filed by a man accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), despite the absence of a Forensic Science Laboratory (FSL) report in the charge sheet.

The present bail application was filedon behalf of Hashmat Mohammadi (petitioner/accused), requesting statutory bail in a case registered under Section 21 of the NDPS Act. The petitioner had sought a statutory bail on the basis that the charge sheet was filed without being accompanied by a FSL report.

Earlier, the accused's bail application was rejected by the trial court, which had held that the absence of an FSL report in the chargesheet did not make it incomplete.

In brief, the case revolved around a secret tip received regarding an individual named Altaf, who was reportedly planning to deliver a consignment of narcotic substances in the vicinity of Zakir Nagar, Delhi. In response to this information, a team was assembled, and a trap was set for Altaf. Subsequently, he was apprehended in possession of 4.5 kilograms of contraband and subsequently arrested. During the investigation, another individual named Abid Hussain Sultan was raided based on information provided by Altaf. Abid was found to be in possession of a total of 12 kilograms of heroin. Later, Abid disclosed information about the present accused, who was a resident of Afghanistan. Acting on this statement, the accused was arrested, and 5 kilograms of heroin were recovered from the glove box of the two-wheeler he was riding. Furthermore, the accused had revealed that the narcotic substances were sourced by individuals based in Afghanistan, and in addition to that, a refining factory was operational in Zakir Nagar, Delhi.

The single-judge bench of Justice Dinesh Kumar Sharma placed reliance on Kishan Lal vs. State [LQ/DelHC/1989/518], where it was observed that while the police are not allowed to submit an incomplete report under Section 173(2) of the Criminal Procedure Code (Cr.P.C.), the investigation is considered complete except for the report of an expert such as the Serologist, Scientific Officer, or Chemical Examiner. As a result, the Magistrate is empowered to take cognizance of the offense based on a police report that does not include the expert's opinion.

The bench further noted that the absence of the FSL Report with the charge sheet does not fall under the purview of Section 173(2) of the Cr.P.C., as constituting an ‘incomplete report’.

Therefore, the bench ruled that the trial court had made the correct decision in denying bail to the petitioner. Consequently, the petitioner's bail application was rejected.