2022 (11) TMI 1481 - HC - Indian Laws

Seeking grant of bail - presence of codeine phosphate in the seized consignment - police report was filed without FSL report - HELD THAT - Test kit report at the spot indicated presence of codeine phosphate in the consignment of phensedyl bottles which were seized. Admittedly labels on the seized bottles also confirm the presence of codeine phosphate in the seized consignments. Materials collected during investigation do not show that the consignments were being used for medicinal purposes. In view of the aforesaid materials submission of a police report awaiting a confirmatory opinion from FSL cannot be said to be an incomplete one. The submission of the learned Counsel appearing for the petitioners that they are entitled to statuary bail cannot be accepted - the prayer for bail of the petitioners is rejected.

Summary

Issues:
The judgment involves the issue of entitlement to statutory bail based on the absence of a confirmatory opinion from the FSL in a case where the police report was filed without it. Additionally, it addresses the request for bail after the chemical examiner's report confirmed the presence of codeine phosphate in the seized consignment.

Entitlement to Statutory Bail:
The learned Counsel for the petitioners contended that the police report was incomplete as it was filed without the FSL report, thus entitling the petitioners to statutory bail. However, the court noted that the test kit report at the spot and the labels on the seized bottles both indicated the presence of codeine phosphate in the consignment. The materials collected during the investigation did not establish that the consignments were intended for medicinal purposes. Therefore, the court held that the submission of a police report without awaiting a confirmatory opinion from the FSL was not incomplete, and the petitioners were not entitled to statutory bail.

Request for Bail After Chemical Examiner's Report:
Although the petitioners had been in custody for about one year, the chemical examiner's report confirmed the presence of codeine phosphate in the seized consignment. Despite this, the court rejected the prayer for bail. However, considering the petitioners' prolonged custody and the confirmation of the substance by the chemical examiner, the court urged the Special Court to promptly consider framing charges and to ensure the trial's conclusion within one year from the date of framing the charge to avoid undue delays.