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TMI Blog2014 (9) TMI 1284X X X X Extracts X X X X X X X X Extracts X X X X ..... pt the challan only on completion of investigation and by considering that all allegations levelled in the FIR have been investigated completely and charge can be framed only after considering the complete investigation report. In the present case, the charge has been framed against the petitioner without obtaining Chemical Examiner's Report and in the absence of Chemical Examiner's Report in case of NDPS Act, it cannot be said as to whether the substance found in the bags recovered from the petitioner was a narcotic substance or not. In the absence of CFSL report, the trial Court cannot take cognizance of the offence and in the absence of Chemical Analysis Report, the charge sheet/challan cannot be said to be completed. Failure to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence to connect him with the crime. He further submits that the petitioner has been implicated with mala fide intention of Sub Inspector Tarsem Singh on the basis of fabricated record as neither the land, from where the alleged recovery was made, belongs to the petitioner nor he was arrested at the spot. Learned counsel also submits that the petitioner was not found to be in conscious possession of the contraband and the mandatory provisions of NDPS Act have not been complied with. Learned counsel also submits that the petitioner is in custody since 21.11.2013 and the incomplete challan was presented on 22.12.2013 and the charge against the petitioner was framed on 06.01.2014 without obtaining any Chemical Examiner's Report. Learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in all the 12 bags, on weighing, was found to be containing 19 kilograms 800 grams of poppy husk. The case property was taken into possession. The signatures of witnesses along with the signatures of Deputy Superintendent of Police were obtained. The accused-petitioner was arrested on 21.11.2013, whereas, the FIR was registered on 20.10.2013. The petitioner moved an application for grant of regular bail which was dismissed on 21.10.2014. The bail to the petitioner has been declined on the ground that he was involved in serious offence and recovery from him was of commercial quantity of narcotic substance. 5. Learned counsel for the petitioner was also directed to place on record the copy of challan, which is on record. 6. On perusal of fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gation has been defined in Section 2(h) of the Code, which is as under:- 'Investigation' includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. 9. Section 173 of the Cr.P.C. which is contained in Chapter XII of the Code under the heading Information to the police and their power to investigate is as follows- 173. Report of police officer on completion of investigation. - (1) Every investigation under this Chapter shall be completed without unnecessary delay. (2)(i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on . As per Section 173(1) Cr.P.C., every investigation under this Chapter shall be completed without unnecessary delay. Section 173(2)(1) states that as soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report as prescribed by the State Government. The words as soon as it is completed clearly states that the final report is to be submitted before the Magistrate on its completion. 11. Section 173(i) of the Cr.P.C. clearly shows that the investigation is to be completed without any unnecessary delay and as per provisions contained under Section 173(ii) of the Cr.P.C., the challan is to be filed on completion of investigation only and not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 173(5) of the Code. 13. In view of the above facts, it is clear that the charge cannot be framed on the basis of incomplete report and the final report, without having any FSL, narco-analysis and Chemical Examiners' Report is incomplete. The Court is to proceed for framing of charge only after receiving the same. 14. In the present case, the incomplete challan has been presented without having any Chemical Examiner's Report and even the charges were framed as the Chemical Examiner's Report is of subsequent date. The petitioner is in custody since 21.11.2013. 15. The trial Court is directed to send its report explaining therein as to how the charges have been framed without having any Chemical Examiner's Report as the Chemic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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