GAURAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail applications preferred by the petitioners before this Court involve the common question of law and are thus, being decided by the common order. The brief controversy, which has been raised before this Court in these bail applications is as to whether, on account of non-filing of the FSL report of the seized contraband alongwith the charge-sheet, the accused gets right to default bail under Section 167(2) of the Cr.P.C.

(2.) It is not in dispute that in all these cases the Police has filed the charge-sheet against the accused persons within the period prescribed in Section 36(A)(4) of the NDPS Act and they are facing trial. The accused thereafter during the pendency of the trial, raised an issue before the trial Court that since the FSL report was not filed alongwith the original charge-sheet, it would have the effect that the complete charge-sheet was not filed by the Police and thereby, the accused gets the right to be released on compulsive bail or default bail as per Section 167(2) of the Cr.P.C. The applications seeking default bail on this ground have been rejected by the concerned trial court and hence, these bail applications.

(3.) Learned counsel appearing for the accused in these cases have raised the contention that unless the Police files the Chemical Examiner's report or the FSL report regarding the seized contraband alongwith the charge-sheet, such a charge-sheet cannot be considered to be a complete charge-sheet and thereby, no sooner the period of 180 days or 90 days as the case may be, prescribed in Section 36(A)(4) of the NDPS Act is over and the FSL report is not filed on record, the accused would become entitled to be released on bail as of right on count of default of the prosecution to file the complete charge-sheet. In support of their contention, the learned counsel have placed reliance on the order dated 29.3.2013 passed by Hon'ble Single Bench of this Court in the case of Mahendra Nath v. State of Rajasthan passed in S.B. Cr.Misc. Bail Application No. 1755/2013 and prayed that the petitioners in these cases are also entitled to be released on bail.