KRISHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 31/5/2021 passed by the trial Court whereby his application for grant of bail under Sec. 167(2) Cr.P.C. has been dismissed.

(2.) Learned counsel for the petitioner contends that FIR No.532 dtd. 8/12/2020, under Ss. 17/61/85 of the NDPS Act was registered at Police Station Rania, District Sirsa. The allegations against the petitioner are that a polythene bag containing 1.5 kg. opium was recovered from the dickey of the scooter. The petitioner was allegedly pillion riding the scooter and was arrested at the spot on 8/12/2020. After completion of investigation, the police filed challan on 5/2/2021 without the FSL report and therefore, the petitioner 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 from SI Ranbir Singh, states that challan filed without the 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. In response to a query of this Court, learned State counsel contends that the FSL report has not been received till date.