In an important observation, the Punjab and Haryana High Court has held that a Forensic report forms the foundation of a case under the NDPS (Narcotic Drugs and Psychotropic Substances) Act and in case, the same is not filed along with the charge-sheet, the entire case of prosecution would fall to the ground. [Vinay Kumar @ Vicky v. State of Haryana]
A Single Judge Bench of Hon’ble Mr. Justice Gurvinder Singh Gill observed while it granted bail to a person named Vinay Kumar from whose possession 7000 tablets of ‘Clovidol-10 SR’ (Tramdol Hydrochloride) were allegedly recovered. The final report/ challan submitted in the instant case did not contain the FSL report and in view of that, the High Court came to a conclusion that without the filing of the FSL report, a case under the NDPS Act could not stand.
The petitioner assails order passed by learned Additional Sessions Judge, Sirsa vide which an application filed by the petitioner under provisions of Section 167(2) Cr.P.C. for grant of bail has been declined.
In this case, when the matter was investigated by the police and a report under Section 173 Cr.P.C. was presented before the trial Court, the same was not accompanied by the report of FSL.
Reasoning and Decision of the Court
The Bench after considering rival submissions addressed before it stated that,
“It is no doubt correct that Hon’ble the Supreme Court and also a full Bench of this Court have held that a challan even if not accompanied by a report of the Chemical Examiner or of the expert cannot be said to be incomplete. However, it needs to be highlighted that the said cases did not pertain to an offence under the NDPS Act. A case under the NDPS Act can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally got done through FSL established by the Government. In other words, the report of the FSL forms the foundation of the case of prosecution and in case the same is not there the entire case of prosecution falls to ground.”
Held
"The petition, as such, is accepted. The impugned order is accordingly set aside and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.”
Case Details
Case Name: Vinay Kumar @ Vicky v. State of Haryana
Case Number: CRR-712-2021 (O&M)
Date of Decision: October 14, 2021
Read Order@LatestLaws.com
Picture Source :
