STATE Vs. SHADAB

JUDGEMENT

(1.) The present petition has been filed seeking quashing and setting aside of orders dtd. 31/7/2023 and 2/8/2023, passed by Special Judge, (NDPS) Additional Sessions Judge (ASJ), District North East, Karkardooma Courts, Delhi in a case titled State v. Shadab emanating out of FIR No. 26/2023, to the extent of observations made therein and the bailable warrants issued against the petitioner Deputy Commissioner of Police (DCP) (Crime) vide order dtd. 2/8/2023.

(2.) The facts and circumstances, leading to the filing of the present petition, are that an FIR No. 26/2023 under Ss. 21/25 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) and Sec. 201 of the Indian Penal Code, 1860 (IPC) was registered at Police Station Crime Branch. On 7/2/2023, the accused persons were sent to judicial custody, which was extended from time to time, and the exhibit samples in the case were sent to the Forensic Science Laboratory (FSL). Subsequently, the Chargesheet was filed on 31/7/2023.

(3.) Vide order dtd. 31/7/2023, the Sessions Judge directed the IO, SHO, ACP and DCP (Crime) to appear in court before himself as in the aforementioned case, the Chargesheet was filed without an FSL Report. The relevant portion of the said order is extracted herein below:-