LEISHANGTHEM I. LOYANGAMBA Vs. STATE

JUDGEMENT

(1.) The instant application has been filed under Sec. 167(2) read with Ss. 439 and 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') for grant of default bail in case FIR bearing no. 43/2023, registered at Police Station Special Cell, under Ss. 18/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) Brief facts of the case are that a secret information was received by the Special Cell on 13/2/2023 that in next 4-5 days, two people from Imphal, Manipur would be carrying drugs from Manipur for supplying them in areas of Delhi NCR and Punjab. On 17/2/2023, the Special Cell had received information that at around 3-4 PM, two residents of Imphal i.e. Ranbir Singh and Loyangamba (applicant herein), who are involved in business of heroin, will come through loop road from MB road towards Sarita Vihar, Delhi in white coloured Maruti Brezza Car, bearing no. AS 01 DR 9488. Thereafter, a raiding team was formed and at around 03:25 PM, the said car had reached the spot and had stopped on the side of road. Accused Ranbir Singh i.e. the driver of the car had then got down from the car and stood on the footpath at about 20 steps away from the car, carrying apittu bag (black and red colour on which 'Elaichi' was written) on his shoulder. After some time, the accused had started running towards the car. Immediately thereafter, the raiding team had apprehended the accused, and then the present applicant who was sitting in the car, with a black coloured bag with HP logo, had also started running, but he was captured by the raiding team. After complying with statutory provisions, the raiding team had conducted search of the car and the bags being carried by the accused persons, and 10kg of opium each was recovered from the bags being carried by the accused persons and 30kg of opium was recovered from the car. Accordingly, the present FIR was registered, accused persons were arrested, and were sent to police remand on 18/2/2023.

(3.) Learned counsel for the accused/applicant argues that the chargesheet in this case was filed without an FSL Report, which is considered as main focal point of prosecution in a case under NDPS Act. It is stated that since FSL report was not filed along with the chargesheet, the chargesheet in such a case would be considered as 'incomplete' and thus, the applicant would be entitled to default bail. It is also submitted that the Hon'ble Apex Court in several recent decisions, including in Mohd Arbaz and Ors. v. State of NCT of Delhi SLP (Criminal) No. 6876-6877/2022, has granted bail to accused persons in cases where FSL report was not filed alongwith main chargesheet within a period of 180 days.