IDUL MIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has been charged with offences punishable under Ss. 21C/25/27A/29 of the NDPS Act, 1985. He was arrested on January 31, 2024. He says that he became entitled to statutory bail on the 181stday since the charge sheet that was submitted on the 177th day without the FSL report, is not a valid charge sheet. The FSL report was not submitted, whether by way of a supplementary charge-sheet or otherwise within 180 days. He had applied for default bail on the 183rdday. The prayer for bail was rejected by the learned Trial Court. Hence, this present application for bail.

(2.) Learned Advocate for the petitioner relied on the following decisions: -

(3.) Learned Advocate for the state relied on a decision dtd. 18/07/2024 of a learned Single Judge of this Court in the case of Jagdish Singh v. The State of West Bengal and Anr., CRR no. 41 of 2024, in support of his submission that if the charge sheet contains details required under Sec. 173 Cr. P.C. and is filed within the period prescribed, it cannot be termed as incomplete in the absence of FSL report. Learned Counsel said that supplementary charge sheet has been filed after obtaining FSL report. The seized articles have tested positive for the presence of narcotics.