‘No general directions given to Courts to release accused persons on default bail if chargesheet is filed without FSL report’: Delhi HC declines bail application of NDPS accused, refers to SC’s ruling in Arif Khan case
Justice Swarana Kanta Sharma [12-01-2024]

Read Order: RANBIR SINGH v. STATE (DEL HC- BAIL APPLN. 113/2024)

LE Correspondent

New Delhi, January 19, 2024: The Delhi High Court has refused to grant default bail to a man booked under the NDPS Act case where recovery of 50kg of opium was made but chargesheet was filed without an FSL Report.

The Single-Judge Bench of Justice Swarana Kanta Sharma was considering an application filed under Section 167(2) read with Sections 439 and 482 of the Code of Criminal Procedure, 1973 for grant of default bail in a case registered under Sections 18/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The factual background which led to filing of the appeal was that a secret information was received by the Special Cell that in next 4-5 days, two people from Imphal, Manipur would be carrying drugs from Manipur for supplying them in areas of Delhi NCR and Punjab. On 17.02.2023, the Special Cell had received information that two residents of Imphal i.e. Ranbir Singh (applicant herein)and Loyangamba, who are involved in business of heroin, will come through loop road from MB road towards Sarita Vihar, Delhi in white coloured Maruti Brezza Car.Thereafter, a raiding team reached at the spot. The applicant Ranbir Singh i.e. the driver of the car had then got down from the car and stood on the footpath carrying a bag.

After some time, the accused/applicant started running towards the car. Immediately thereafter, the raiding team got hold of the applicant and the co-accused Loyangamba. The raiding team conducted search of the car and 10kg of opium each was recovered from the bags being carried by the accused persons and 30kg of opium was recovered from the car. Accordingly, the FIR was registered, accused persons were arrested, and were sent to police remand.

It was the case of the applicant that the chargesheet in this case was filed without an FSL Report and therefore, the chargesheet in such a case would be considered as 'incomplete'. This would enable the applicant to avail the benefit of default bail. It was also submitted that the Apex Court in several recent decisions, including in Mohd Arbaz & Ors. v. State of NCT of Delhi had granted bail to accused persons in cases where FSL report was not filed alongwith main chargesheet within a period of 180 days.

On the contrary, the State Counsel submitted that the present case pertained to recovery of 50kgs of opium, which is a commercial quantity, from the possession of accused persons who are allegedly involved in inter-state trade of narcotic drugs. It was argued that in the case of Mohd Arbaz (supra), the Apex Court has only opted to examine the legal issue in detail and for the time being, interim relief has been granted to the petitioners. It was also stated that till the issue in question i.e. whether a charge-sheet filed without FSL report is complete or incomplete for the purpose of default bail is decided by the Apex Court, the prevailing law will cover the present case and the petitioner will not be entitled to grant of default bail, in view of decisions to this effect passed by several Benches of this Court.

The Bench observed that in Arif Khan v. State (NCT of Delhi) while dismissing the petition, the Top Court opined that non-filing of FSL report alongwith the chargesheet does not fall within the ambit of Section 173(2) of Cr.P.C. so as to consider it as “incomplete chargesheet” and accordingly, no right of default bail is accrued in favour of the accused.

It was further noticed by the Bench that though in case of Mohd Arbaz (supra), as well as in other subsequent cases filed assailing the orders of refusal of grant default bail, the accused persons had been enlarged on bail by the Apex Court, the said relief however has been granted to the accused persons on the ground of pendency of larger issue i.e. whether chargesheet filed without an FSL report is incomplete chargesheet, before the Apex Court in batch of petitions.

“However, neither the decisions challenged before the Hon'ble Apex Court have been stayed, nor any general directions have been given to the Courts to release the accused persons on default bail if the chargesheet is filed without an FSL report”, the Bench said.

Thus, dismissing the application, the Bench held that there was no ground for grant of default bail to the present accused/applicant.