SURESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the Impugned Order dated 31st August, 2020 passed by the Ld. Additional Sessions Judge, Fatehabad, in case arising out of FIR No.38, dated 28th February, 2020, under Sections 22(C) of the Narcotic Drugs and Psychotropic Substances Act No.61 of 1985 (for short, the NDPS Act) and Sections 18(A) and 18(C) of Drugs and Cosmetics Act, 1940 registered at Police Station Sadar Tohana, District Fatehabad, Haryana.

(2.) Vide the Impugned Order, the Ld. Additional Sessions Judge, Fatehabad had dismissed the Petitioner's Application for Bail under Section 36-A of the NDPS Act read with Section 167(2) of the Cr.P.C.

(3.) Background of the matter is that the Petitioner was allegedly found in possession of 58 bottles of Wincirex Syrup, 130 tablets of Tramadol Clovidol, 120 tablets of Alprazolam and 5 strips of Combikit Clean Kit. The first three of these four items constitutes contraband fall under Section 2(c) the NDPS Act, while the last item (25 tablets of Combikit Clean Kit) fall under Section 18-A/18-C of the Drugs and Cosmetics Act. The Petitioner was arrested on 28th February, 2020 and produced before the Court on the following day. Challan against him was submitted subsequently but it was not accompanied by the FSL Report pertaining to the seized contraband. The Petitioner, therefore, sought Statutory/Default Bail under Section 36-A of the NDPS Act read with Section 167(2) of the Cr.P.C. By contending that the Challan so submitted was incomplete in the absence of the FSL Report, on account of which he was entitled to Statutory/Default Bail in view of the decision passed by a Division Bench of this Court in Criminal Revision No.4659 of 2015, which was a bunch matter of which the leading case was 'Ajit Singh @ Jeeta and another vs. State of Punjab'.