BANTI PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) INSPITE of sufficient opportunity, the prosecution is unable to produce the report of F.S.L. Indore for the purpose of showing that the article which is alleged to have been seized from the possession of the applicant was narcotic drug. It is very strange that prosecution is not in a position to submit the report from F.S.L. till today. Such laps and laziness on the part of prosecution deserve to be deprecated to the fullest. It is suggestive of connivance and attitude of helping the accused for getting the bail which needs inquiry. It is also noted from the argument which has been advanced on behalf of the prosecution by G.A. that charge -sheet has not been submitted against the accused in Court within the period of 90 days. That is also strange and needs probe from concerned higher authority, because such lapses on the part of investigating agency indirectly helps the accused in getting bail in cases where accused has been charged for committing such offences in which bail is not granted freely.

(2.) IT becomes necessary to note here that S. 37 of the N.D.P.S. Act restricts bail to such offenders. But when the investigating agency follows such lazy and defaulting way, indirectly it brushes aside the effect of S. 37 of the Act.

(3.) THE Inspector General of Police, Indore to make inquiry in this matter about such lapses and laziness shown by the investigating agency in the investigation of Crime No. 176/94 of P.S. Shyamgarh for the purpose of ascertaining the reasons of delay in filing charge -sheet and in procuring report from Regional Forensic Science Laboratory, Indore. The report be submitted on or before 2.5.95 to this Court.