9911796707
TMI Blog2023 (5) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... filed was incomplete and the indefeasible right to default bail under Section 167(2) of the Cr.P.C. accrued in favour of the applicant. 3. It is further submitted that an order dated 31.05.2021 passed by coordinate bench of this Court in BAIL APPLN. 500/2021 by which the bail application filed on behalf of co-accused Mohd. Akbar was dismissed, was carried by way of SLP before the Hon'ble Supreme Court. While dismissing the said SLP (Crl.) No. 5806/2021, vide order dated 18.08.2021. The Hon'ble Supreme Court directed the concerned the Trial Court to expedite the trial and conclude the same within a period of one year from the communication of the said order. It is submitted that despite the aforesaid direction, the trial in the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s namely Mohammad Akbar and Neda Mohammad were arrested and during search of cool house/cold storage located at Sonepat, Haryana, further recovery of approx. 49.55 kgs of contraband was made which was clandestinely embedded in card box cartons, bearing special marking for identification, containing diy fruits. 4. That, on the basis of disclosure of accused Neda Mohammad and durina investigation, on 23.7.2019, accused Ahmad Shah Alokozai @ Hazi @ Nawab was arrested by SI ManoJ Kumar and on 24.7.2019, at his instance search was conducted at JWC Hub, Logistic Part, Shirdhon, Panvel, Maharashtra and a total number of contraband contaminated 264 bags jute bags were recovered. It is estimated that approximately 130 kgs of Heroin was imbibed/soa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have held that a chargesheet without FSL report in a case under the NDPS Act will not be termed as incomplete. Reliance was placed on Suleman vs. State (NCT of Delhi), 2022 SCC OnLine Del 2346. 6. Heard learned counsel for the parties and perused the record. 7. A coordinate bench of this Court in Suleman vs. State (NCT of Delhi), 2022 SCC OnLine Del 2346, in the background of the similar factual matrix, after discussing various judgments of this Court held as under: "10. In the present case, the charge-sheet was filed on 3-3- 2021, however, without the FSL report. The charge-sheet was thus filed within the limitation period prescribed under law. The question in dispute narrows down as to whether the FSL report forms part of the charge- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the reported cases in which this question has been settled related to offences under the Penal Code, 1860. It was urged before him that the principles enunciated in those cases are not applicable to cases involving an offence under the NDPS Act or the old Opium Act or the Excise Act. To appreciate the contentions raised in these petitions, we have to notice the case law to some extent to highlight the settled principles. 7. It has been held by the Supreme Court that although the police are not permitted to send an incomplete report under Section 173(2) of the Code, yet the investigation except for the report of an expert like the serologist or scientific officer and chemical examiner is complete and, therefore, the Magistrate is empowe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Division Bench of this Court in Kishan Lal v. State [Kishan Lal v. State, 1989 SCC OnLine Del 348 : (1989) 39 DLT 392] , it is held that the petitioner is not entitled to grant of bail under Section 167(2)CrPC for non-filing of the FSL report along with the charge sheet...." 13. A similar view was followed by the Coordinate Bench of this Court in Mohd. Arbaz v. State (NCT of Delhi) [Mohd. Arbaz v. State (NCT of Delhi), 2020 SCC OnLine Del 2542 : (2020) 275 DLT 323] , wherein it was observed that the accused should not be entitled to bail in default as the charge-sheet was already filed. The court held that the report shall not form part of the charge-sheet and hence, the bail under Section 167(2) was rejected. An appeal agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of quantity recovered from the accused is of commercial nature baring the accused from bail under Section 37 of the NDPS Act." 8. In view of the judgment rendered by a coordinate bench of this Court in Suleman (supra), this Court is of the opinion that the chargesheet filed in the present case is not incomplete. 9. In the facts and circumstances of the case, the present application is dismissed and disposed of accordingly. 10. The applicant is at liberty to approach the concerned learned Trial Court seeking bail on merits. 11. It is made clear that the present application is limited to the issue of default bail and nothing stated hereinabove is an opinion on the merits of the case. 12. A copy of this order be sent to the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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