Custodial Death | Pendency Of Criminal Trial No Bar For Awarding Compensation Under Public Law Remedy: Gauhati High Court Suit For Possession Under Section 6 Specific Relief Act Barred If Filed Beyond Six Months Of Dispossession: Madras High Court Subsequent Purchaser Is Representative Of Judgment Debtor, Separate Suit Challenging Execution Sale Barred Under Section 47 CPC: Kerala High Court Statutory Bail Restrictions Melt Down When Pre-Trial Detention Is Prolonged & Trial Is Unlikely To Conclude Soon: Delhi High Court Failure To Apprise Accused Of Right Under Section 50 NDPS Act Vitiates Search & Recovery: J&K & Ladakh High Court Section 12(5) Arbitration Act Inapplicable To Proceedings Commenced Before 2015 Amendment; Executing Court Can't Apply Neutrality Norms Retrospectively: Punjab & Haryana High Court Banks Can Share Sale Proceeds Of Secured Assets Outside Liquidation Estate With Homebuyers Under Compromise Agreement: Kerala High Court Private Rights Must Yield To Public Interest: Andhra Pradesh High Court Directs Removal Of Encroachments On Public Road Review Jurisdiction Cannot Be Invoked To Re-Agitate Factual Disputes Or Seek Re-Hearing On Merits: Allahabad High Court Recovery Under Section 27 Evidence Act Vitiated If Police Already Present At Spot Before Arrival Of Panch Witnesses: Bombay High Court Mere Non-Compliance Or Delay In Procedure Under Section 52A NDPS Act Is An Irregularity, Not An Illegality Entitling Accused To Bail: Calcutta High Court Recovery Of Weapon Used In Commission Of Offence Not A Sine Qua Non For Conviction If Ocular Evidence Is Corroborated: Allahabad High Court Seized Vehicles Shouldn't Be Kept Idle To Rot In Police Stations, Utility Vanishes Due To Stagnation: Karnataka High Court Or 39 CPC | Trial Court Erred In Dismissing Injunction Application Despite Respondent's 'No Objection' To Restraining Share Transfer: Gauhati High Court Issuing NBW Merely For Absence Of Accused Already On Bail Is Improper; Liberty Cannot Be Dealt With Lightly: Orissa High Court 138 NI | Expert Examination Of Disputed Documents Essential For Just Adjudication If Complainant Denies Handwriting & Signatures: Rajasthan High Court Order 41 Rule 27 CPC Cannot Be Invoked To Fill Lacunae In Evidence If Party Voluntarily Closed Evidence In Trial Court: Delhi High Court

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