NDPS Default Bail Granted - Chargesheet Incomplete as Not Accompanied By The FSL Report – P&H HC

In a landmark ruling, the Punjab and Haryana High Court has granted default bail to Mohammad Asif, who was implicated under Section 22(c) of the NDPS Act. Justice Ashok Kumar Verma overturned the prior decision of the Additional Sessions Judge, Faridabad, which had dismissed the petitioner’s application for default bail.

The court observed, “an indefeasible right had vested to the petitioner immediately on the expiry of 180 days,” referring to Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) read with Section 36-A of the NDPS Act. This critical observation implies that the petitioner was entitled to default bail because the challan filed against him was incomplete as it was not accompanied by the Forensic Science Laboratory (FSL) report.

The petitioner’s counsel argued that the absence of the FSL report rendered the challan incomplete, thereby making his client eligible for default bail after the 180-day period. The state did not dispute these facts.

The court also cited a prior judgment, Ajit Singh @ Jeeta v. State of Punjab, to emphasize the importance of an FSL report in making a challan complete. “Without which it can at best be termed to be an incomplete challan depriving the Magistrate of relevant material to take cognizance,” the judgment read.

Justice Verma ordered the release of Mohammad Asif on default bail, subject to his furnishing requisite bonds. This decision sets a crucial precedent regarding default bails in cases where the challan is incomplete.

D.D.: 23 March 2023

Mohammad Asif vs State of Haryana