KAPIL GOEL ALIAS BABLOO Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present criminal revision petition has been filed by the petitioner against the order dtd. 6/2/2023 passed by the Additional Sessions Judge-cum-Special Court, Yamuna Nagar at Jagadhari, whereby bail application of the petitioner filed under Sec. 167(2) CrPC was dismissed.

(2.) The counsel for the petitioner contends that as per the prosecution version, the petitioner was arrested by the police on 6/8/2022 along with commercial quantity of contraband and the petitioner was produced in the Court concerned on 7/8/2022 and the challan was presented against the petitioner on 21/12/2022 without the report of FSL.

(3.) The counsel for the petitioner contends that the stuatory period of 180 days provided for filing of complete challan expired on 3/2/2022, however, by that date incomplete challan was presented without the report of FSL. The counsel for the petitioner further contends that no application was filed by the public prosecutor, as per the provisions of Sec. 36A(4) NDPS Act seeking extension of time to complete the investigation in the present case. In the present case, no report was ever furnished by the public prosecutor in terms of the aforesaid statutory provision. The counsel for the petitioner further contends that petitioner's right to default bail accrued on 4/2/2022 and even on that date no FSL report was filed. The petitioner filed an application under Sec. 167(2) Cr.P.C on that very day i.e. 4/2/2022. The counsel for the petitioner further contends that as the challan which was filed by the police on 21/12/2022 was without any FSL report and the prosecution also failed to file report of FSL within the statutory period of 180 days as per the provisions of Sec. 36 NDPS Act read with Sec. 167(2) Cr.P.C., the same is to be considered by incomplete challan. In support of his contentions, the counsel for the petitioner referred to judgment of Division Bench in Ajit Singh @ Jita and another Vs. State of Punjab, CRR No.4659 of 2015, decided on 30/11/2018. The counsel for the petitioner has also placed reliance upon order dtd. 9/8/2021 passed by the Coordinate Bench of this Court in CRR No.361 of 2021, Jagvinder Singh Vs. State of Haryana, wherein it was held that the report of FSL with regard to nature of recovered substance would go to the root of the matter and a challan filed without the FSL report with regard to the same would be an incomplete challan and would not satisfy the requirement envisaged under Sec. 167(2) Cr.P.C. and the accused in such circumstances would be entitled to be released on default bail. The counsel further relied upon the decision of this Court in CRR-933-2022 Rohtash @ Raju Vs. State of Haryana, decided on 1/6/2022.