AKASH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Question which this Court is called upon to answer is "whether in absence of analysis report of Forensic Science Laboratory having been attached with the police report filed in the Court under Section 173 Code in a criminal case under Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the Act of 1985") within the period specified under Section 36(A) of the Act of 1985, the accused shall be entitled to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 (hereafter to be referred as "the Code)?"

(2.) As per the case of the prosecution, petitioner was found in possession of 500 tablets of Tramadol and 450 tablets of Alprazolem which as per the Code, falls in commercial category as notified under the Act of 1985. The police report, as defined in Section 2(r) of the Code, was filed on 28.03.2019. Petitioner is in custody since the date of occurrence i.e. 08.01.2019. Hence, it is the case of the petitioner that since the police report under Section 173(2) of the Code was incomplete because the analysis report of the Forensic Science Laboratory was not attached alongwith the police report, hence, the petitioner is entitled to bail under Section 167(2) of the Code which is commonly known as default bail.

(3.) Learned counsel for the petitioner relies upon a Division Bench judgment of this Court in the case of Ajit Singh @ Jeeta and another Vs. State of Punjab, and other connected cases, decided on 30.11.2018.