FSL Report Forms Foundation Of NDPS Case: Punjab & Haryana High Court Grants Default Bail Despite Chargesheet

Punjab and Haryana High Court has reiterated that the report of Forensic Science Lab forms the foundation of prosecution case in NDPS proceedings and in case the same is not there the entire case of prosecution falls to ground.In a plea seeking default bail for want of FSL report, despite filing of chargesheet, Justice Gurvinder Singh Gill observed,"A case under the NDPS Act can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally got done through FSL established by the Government."The bench drew a contrast with cases of injury, hurt or murder under IPC, where it said that even the ocular version coupled with some medical evidence or some other circumstantial evidence may suffice to bring home the guilt of the accused.It also noted that the Supreme Court as well as a full Bench of the High Court have held that a challan even if not accompanied by a report of the Chemical Examiner or of the expert cannot be said to be incomplete. However, it highlighted that those cases did not pertain to an offence under the NDPS Act.Furthermore, the Court observed that the controversy has been referred to a Division Bench and is still subjudice, in view of several conflicting judgments. Meanwhile, several co-ordinate Benches have granted bail to the accused.Accordingly, the High Court granted relief to the instant petitioner.Brief facts of the case are, an FIR was registered against the petitioner under Sections 21(b)/27-A/29/61/85 of the NDPS Act alleging that he was found in possession of 15 grams of 'Heroin'. After investigation by the police, a report under Section 173 Cr.P.C. was presented before the trial Court but the report was not accompanied by the report of FSL. Mandatory period of 60 days for filing of challan in cases of recovery of non-commercial quantity of contraband, as per provisions of the NDPS Act read with Section 167 Cr.P.C. expired on 10.4.2022 and the prosecution did not file the FSL report even by the said date. As a consequence, the petitioner moved an application under Section 167(2) Cr.P.C. for bail on the ground that in absence of FSL report, challan could not be said to be complete. The said application was dismissed. Hence the the instant petition. After considering submission of parties, the court extend the concession of bail in terms of Section 167(2) CrPC to the petitioner while also keeping in view the fact that the petitioner has been behind bars since the last more than 9 months. Also Read: NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High CourtCase Title: Mukesh Pal @ Makhan Versus State of HaryanaCitation: 2022 LiveLaw (PH) 309 Click Here To Read/Download Order

FSL Report Forms Foundation Of NDPS Case: Punjab & Haryana High Court Grants Default Bail Despite Chargesheet

Drishti Yadav

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