BHIM SAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking default bail in FIR No.602 dtd. 22/12/2020, under Sec. 20(b) of the NDPS Act, registered at Police Station City, Fatehabad.

(2.) Learned counsel for the petitioner contends that the challan had been filed in the instant case on 11/2/2021 without the FSL report, and therefore, he would be entitled to default bail in terms of Sec. 167(2) Cr.P.C. He has placed reliance on the judgments of the Division bench of this court in the case of Ajit Singh @ Jeeta and another Vs. State of Punjab, CRR No.4659 of 2015 and State of Haryana Vs. Dildar Ram @ Dari, CRM-M-25600-2021, decided on 15/7/2021.

(3.) Learned State counsel upon instructions states that FSL report has not been filed till date. He, however, contends that challan filed without even FSL report would be a complete challan. In support of his submission, he has cited the judgments of the Supreme Court in the cases of Narendra Kumar Amin Vs. CBI, 2015 (1) RCR (Criminal) 566 and Abdul Azeez P.V. Vs. NIA, 2014 (3) ACR 3335, Full Bench of this court in State of Haryana Vs. Mehal Singh and others, 1978, PLR 480, and the judgments passed by the coordinate benches of this court in Rahul Vs. State of Punjab, CRR No.1016-2020, decided on 21/12/2020, Azuka Vs. State of UT, Chandigarh, CRR-765-2020, decided on 13/3/2020, Shankar Vs. State of Haryana, CRM-M-44412-2019, decided on 20/12/2019 and Akash Kumar @ Sunny Vs. State of Haryana, CRR No.1731-2019 decided on 16/10/2019.