ANWAR ALAM Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Order of the Learned Special Judge, SADA, 2006, Gangtok, Sikkim, dtd. 1/10/2022, in Criminal Misc. Case (SADA) Bail No.113 of 2022 (Anwar Alam vs. State of Sikkim), is being assailed, whereby, the Petitioner's prayer for grant of default bail under Sec. 167(2) of the Code of Criminal Procedure, 1973 (hereinafter, "Cr.P.C.") was rejected.

(2.) On 31/5/2022, an FIR was lodged before the Learned Chief Judicial Magistrate, Gangtok District, Sikkim, by the Station House Officer (SHO), Pakyong Police Station, Sikkim, informing that, credible source information was received that, the Petitioner, was in possession of controlled substances in his rented room at Pakyong. The SHO along with duty personnel and two independent witnesses conducted a search therein, where the Petitioner and one Amal Sarkar were present. The search led to recovery of twenty-one bottles of cough syrup (Codeine Phosphate and Chlorpheniramine Maleate Syrup) and five empty bottles of cough syrup (Codeine Phosphate and Chlorpheniramine Maleate Syrup/Cetrizine HCL Dextromethorphan HBR and Phenylephrine HCL Syrup). The Petitioner was arrested on 31/5/2022 under Sec. 7 of the Sikkim Anti Drugs (Amendment) Act, 2017 read with Sec. 34 of the Indian Penal Code, 1860 (for short, "IPC") and taken into custody. Amal Sarkar later was released in terms of Sec. 169 of the Cr.P.C. The Final Report under Sec. 173 of the Cr.P.C. was filed on 27/7/2022, sans the Chemical Analysis Report, although the Prosecution had forwarded the recovered articles to the Central Forensic Science Laboratory (CFSL), Government of India, Kamrup, Assam, on 18/7/2022.

(3.) The Appellant filed an application seeking default bail [Criminal Misc. Case (SADA) Bail No.113 of 2022] before the Special Court, SADA, 2006, Gangtok, Sikkim, under Sec. 167(2) of the Cr.P.C., on the anvil of the contention that an incomplete Charge-Sheet was filed, which was rejected by the Court, relying on various decisions of the Delhi High Court, hence this Petition.