KHILAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second bail application filed under Sec. 439 of Cr.P.C. for grant of bail on behalf of applicant -Khilan Singh in connection with Crime No.283/2022, registered at Police Station -Nohata, District Damoh (M.P.) for offences under Sec. 8/20 NDPS Act, 1985 and Sec. 130, 177 (3) Motor Vehicles Act. His first bail application (M.Cr.C. No. 24354/2022) was dismissed as withdrawn vide order dated 09. 06.2022.

(2.) In this application, the singular and pivotal question raised by applicant is that while filing the challan, the prosecution could not file the report of Forensic Science Laboratory (FSL) regarding the substance recovered from the applicant, thus the applicant became entitled to get the benefit of default bail under Sec. 167(2) of the Criminal Procedure Code.

(3.) To elaborate, Shri Sandeep Kumar Jain, learned counsel for the applicant submits that the medium quantity of opium (3 kg 580 gm) was allegedly recovered from the applicant. The maximum sentence in the event of conviction in a case of this nature is 10 years. Thus, complete challan should have been filed within 60 days. The challan has not been filed within aforesaid time and therefore, in view of orders of Punjab and Haryana High Court in Criminal Revisions No. 4659/2015 (Ajit Singh alias Jeeta and another v. State of Punjab) decided on 30/11/2018 and CRM-M-25600-2021 (State of Haryana Vs. Dildar Ram @ Dari ) decided on 15/7/2021, the applicant is entitled to get the benefit of default bail. Shri Jain urged that FSL report regarding the nature of substance is inseparable part of the challan. Since it is not filed within the statutory time limit, the applicant deserves default bail. This is an enforceable right which applicant deserve to enjoy.