2002 (2) TMI 1362 - HC - Indian Laws

Summary

Issues Involved:
1. Application for regular bail under Section 439 of the Code of Criminal Procedure.
2. Compliance with procedural requirements under Sections 42, 50, and 57 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. Timeliness and completeness of the charge-sheet under Section 173(2) and (5) of the Code of Criminal Procedure.
4. Right to bail under Section 167(2) of the Code of Criminal Procedure due to incomplete charge-sheet.

Issue-wise Detailed Analysis:

1. Application for Regular Bail under Section 439 of the Code of Criminal Procedure:
The applicants sought regular bail for offenses under Sections 20, 22, and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. They were arrested on 23-6-2001 and produced before the Judicial Magistrate on 24-6-2001. The learned Counsel for the applicants argued that the charge-sheet filed on 4-8-2001 was incomplete as it lacked necessary documents, including the Chemical Analyser's report, which was only submitted on 9-11-2001.

2. Compliance with Procedural Requirements under Sections 42, 50, and 57 of the Narcotic Drugs and Psychotropic Substances Act, 1985:
The applicants contended that the required documents under Sections 42, 50, and 57 of the Act were not provided when the charge-sheet was filed. The Chemical Analyser's report was essential to determine if the seized substance was indeed Ganja. The prosecution failed to supply these documents within the stipulated period, which is a procedural lapse.

3. Timeliness and Completeness of the Charge-sheet under Section 173(2) and (5) of the Code of Criminal Procedure:
The prosecution filed the charge-sheet on 4-8-2001 within the 90-day period from the date of remand. However, it was incomplete as it did not include the Chemical Analyser's report and other necessary documents. The applicants argued that such an incomplete charge-sheet could not be considered valid for taking cognizance of the offenses.

4. Right to Bail under Section 167(2) of the Code of Criminal Procedure due to Incomplete Charge-sheet:
The applicants argued that the incomplete charge-sheet filed within the 90-day period did not meet the requirements of Section 173(2) and (5) of the Code, thereby entitling them to bail under Section 167(2). The court referred to precedents from the Andhra Pradesh High Court and the Bombay High Court, which held that an incomplete charge-sheet does not satisfy the legal requirements and thus, the accused have the right to be released on bail.

Conclusion:
The court concluded that the prosecution's failure to file a complete charge-sheet within the stipulated period of 90 days entitled the applicants to bail under Section 167(2) of the Code of Criminal Procedure. The applicants were ordered to be released on bail subject to furnishing a P.R. bond of rupees ten thousand each with one surety in like manner. They were also directed to visit the Police Station, Ramtek, twice a week for six months.