High Court Grants Statutory Bail in NDPS Cases Citing “Incomplete Challan” Due to Absence of FSL Report

In a significant ruling, the Punjab and Haryana High Court granted statutory bail to petitioners involved in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The decision, delivered by Hon’ble Mr. Justice Vikas Suri, centered on the interpretation of an “incomplete challan” due to the absence of a Forensic Science Laboratory (FSL) report, impacting the right to statutory bail.

The judgment pertained to three separate petitions (CRR-2161-2023, CRR-2390-2023, and CRR-2350-2023) involving a common legal issue arising from the seizure of substances deemed as commercial quantities under the NDPS Act. The pivotal point of the judgment was the non-submission of the FSL report within the mandated 180 days of arrest, which the Court found crucial for a complete investigation.

Justice Suri observed, “Challan not accompanied by FSL report cannot be regarded as complete.” This observation led to the conclusion that the petitioners were entitled to statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling emphasized the importance of timely completion of investigation reports, especially in cases involving serious charges like those under the NDPS Act.

The Court’s decision also referenced several Supreme Court rulings, underscoring the judiciary’s stance on the criticality of complete investigation reports for fair trial procedures. The High Court followed the Supreme Court’s interpretation in granting bail, with a provision for recall based on future Supreme Court decisions in related matters.

Date of Decision: 31.10.2023

Taswwar Khan VS State of Haryana