ROHIT Vs. STATE (NCT) OF DELHI)

JUDGEMENT

(1.) This application has been filed by the Applicant Rohit S/o Sh. Shailender under Sec. 167(2) Cr.P.C. read with Sec. 439 Cr.P.C. for grant of default bail in FIR No.145/2022 dtd. 20/7/2022 under Ss. 21 and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) registered at PS: Crime Branch (N-W).

(2.) Case of the prosecution is that on secret information being received, a trap was laid by the team of the Crime Branch near Nala Road, A-Block, Sultanpuri Park and after statutory compliances of the provisions of the NDPS Act, one person was apprehended, who was identified as Rohit, the Applicant herein. Raiding team conducted personal search of the Applicant and one transparent polythene pouch containing pink colour powder was recovered, which upon checking through Field Testing Kit turned out to be heroin, with weight of 410 grams. The recovered contraband was taken into police possession through seizure memo and after due compliances, the present FIR was registered. Applicant was apprehended on the same day i.e. 20/7/2022. It is stated in the status report that all mandatory provisions of NDPS Act i.e. Ss. 42, 50, 52, 55 and 57 with respect to recovery and arrest were complied with.

(3.) Learned counsel for the Applicant argues that the Applicant is innocent and has been falsely implicated since the contraband was planted by the police officials of the Crime Branch. Charge Sheet was filed without the FSL report and therefore, even if it was filed within the stipulated timeframe of 180 days, as provided under Sec. 167(2) Cr.P.C. read with Sec. 36A of NDPS Act, it would be an incomplete Charge Sheet, entitling the Applicant to default bail. Reliance in this context is placed on the orders of the Supreme Court in Babu v. The State (GNCT of Delhi), Special Leave to Appeal (Crl.) No. 6518/2020, decided on 5/8/2021, Mohd. Arbaz & Ors. v. State of NCT of Delhi, Special Leave to Appeal (Crl.) No. 8164-8166 of 2021, decided on 13/12/2021 and Suleman v. The State (GNCT of Delhi), Special Leave to Appeal (Crl.) No. 1929 / 2023, decided on 17/4/2023, wherein the Supreme Court has granted bails to the accused persons in cases where FSL report was not filed along with the Charge Sheet within a period of 180 days albeit the question of law, whether a Charge Sheet can be said to be incomplete without FSL report, is still pending consideration before the Supreme Court.