Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court Pendency Of Matrimonial Dispute With General Allegations Not A Valid Ground To Deny Public Employment: Allahabad High Court Minimum Five Persons Mandatory To Prove 'Preparation For Dacoity' Under Section 399 IPC: Gujarat High Court Suit For Specific Performance Not Maintainable Without Prayer To Set Aside Termination Of Agreement: Madras High Court Trial Court Must Indicate Material Forming Basis Of Charge, Mechanical Framing Of Charges Impermissible: Madhya Pradesh High Court Voluntary Retirement Deemed Accepted If Positive Order Of Refusal Is Not Communicated Within Notice Period: Supreme Court Court Cannot Convict One Accused And Acquit Another On Same Evidence: Supreme Court Acquits Murder Convict Suspicion Cannot Replace Proof: Supreme Court Acquits Murder Convict Due To Unreliable Last-Seen Evidence And Principle Of Parity 138 NI Act | Accused Cannot Rebut Presumption Of Legally Enforceable Debt At Pre-Trial Stage In Cheque Bounce Cases: Supreme Court More Meritorious PWD Candidates From Reserved Categories Can Claim Unreserved PWD Posts In Open Competition: Supreme Court Meritorious Reserved Candidates Can Claim Unreserved Horizontal Vacancies Based On Merit: Supreme Court Employee Not Entitled To Gratuity Until Conclusion Of Both Departmental And Criminal Proceedings: Supreme Court Stamp Duty Recovery Against Legal Heirs Is Strictly Limited To The Extent Of Inherited Estate: Allahabad High Court Single Lathi Blow On Head During Sudden Altercation Amounts To Culpable Homicide Under Section 304 Part II IPC, Not Murder: Madhya Pradesh High Court Habeas Corpus Maintainable For Child Custody Against Father; Cannot Be Dismissed Merely Due To Alternate Remedy: Allahabad High Court "Plea Of Ignorance In Digital Era Inexcusable": Punjab & Haryana HC Imposes Rs 10K Cost On Accused For Hiding Prior Bail Dismissal Discrepancies In Name And Age On Monthly Pass Fail To Establish 'Bona Fide Passenger' Status In Railway Accident Claim: Delhi High Court "Last Seen" Theory A Weak Link If Time Gap Is Wide: Bombay High Court Acquits Man Sentenced To Life For Murder Failure To Conduct Pre-Anaesthetic Check-Up Prima Facie Amounts To Gross Medical Negligence Under Section 304A IPC: Kerala High Court Gujarat High Court Bans AI From Judicial Decision-Making, Lays Down Strict Policy for Court Use of Artificial Intelligence

FSL Report Crucial: Challan Without Report as Incomplete, Grants Default Bail: P&H HC

07 May 2024 8:19 AM

By: Admin


The Punjab and Haryana High Court has recently passed a judgment granting default bail to a petitioner in a criminal case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The case in question is Rajesh Kalra v. State of Haryana.

The petitioner was apprehended with a commercial quantity of medical intoxicants in his possession and was sent to custody on August 17, 2022. The police presented a challan against the petitioner on February 9, 2023, but it was filed without the report from the Forensic Science Laboratory (FSL). The petitioner's counsel argued that the challan was incomplete as a result, and that the petitioner was entitled to default bail as the statutory period of 180 days had elapsed without the FSL report being filed.

The state's counsel argued that the challan was not incomplete, but the court held that the FSL report was a material document that goes to the root of the case, and filing a challan without it is not considered a complete challan. The court referred to previous judgments in similar cases, including Jagvinder Singh v. State of Haryana, Ajaib Singh v. State of Haryana, and Joginder Singh v. State of Haryana, all of which held that filing a challan without the FSL report constitutes an incomplete challan. The court also noted that the Hon'ble Apex Court in Mohammad Arbaz and others v. State of NCT and Delhi granted relief to the accused under similar circumstances.

The court further noted that no application or report was filed by the Public Prosecutor within the prescribed statutory period of 180 days, and the report of the FSL was still awaited as of April 6, 2023. Accordingly, the court set aside the trial court's order rejecting default bail and ordered the petitioner's release on default bail, subject to the furnishing of the requisite bail bonds to the satisfaction of the concerned trial court/Special Judge (Duty).

This judgment reiterates the importance of filing a complete challan within the statutory period and the crucial role that the FSL report plays in NDPS cases. It also serves as a reminder to Public Prosecutors to be vigilant in seeking extensions of time if needed to complete investigations and file a complete challan.

Rajesh Kalra v. State of Haryana

Latest Legal News