In CRL.M.C. 7131/2023-DEL HC- Delhi HC refuses to grant default bail to accused in NDPS Act case where charge-sheet was filed without FSL Report
Justice Swarana Kanta Sharma [22-12-2023]

Read Order: NAEEM AHMED (IN JC) v. STATE GOVT OF NCT OF DELHI

Tulip Kanth

New Delhi, December 28, 2023: The Delhi High Court has rejected the bail plea of an NDPS accused in light of the fact that the issue in question, i.e., whether a charge-sheet filed without FSL report is complete or incomplete for the purpose of default bail, has not been decided by the Apex Court.

The petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 had been filed praying to set aside the impugned order passed by the Special Judge, NDPS, registered under Sections 21/29/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Prayer was also made to release the applicant on default bail in the aforesaid FIR.

The allegations against the present accused Naeem were that he had come to meet co-accused Arif, for the purpose of obtaining the narcotic drug i.e. morphine from him and to further sell it on commission basis. The petitioner was alleged to be a part of larger conspiracy, and he was arrested at the spot by the raiding team, alongwith two other co-accused. The recovery made in the present case was of 340 grams of morphine, which is commercial quantity. The FSL report filed by way of supplementary chargesheet confirmed the recovered substance to be morphine.

The main grievance of petitioner was that the Special judge had erroneously declined the relief of default bail to him.

The single-judge Bench of Justice Swarana Kanta Sharma took note of the fact that the co-accused Arif had now been enlarged on bail by the Apex Court and the said relief had been granted to him on similar ground i.e. pendency of larger issue i.e. whether chargesheet filed without an FSL report is incomplete chargesheet, before the  Apex Court.

However, the Bench noted that neither the decisions challenged before the  Apex Court had been stayed, nor any general directions had been given to the Courts to release the accused persons on default bail if the chargesheet is filed without an FSL report.

“In such circumstances, this Court finds no ground to set aside the impugned order or to release the petitioner on default bail”, the Bench held while dismissing the bail application.