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

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