The Delhi High Court dismissed a revision petition filed under Section 397 read with Section 401 Criminal Procedure .Code. (“Cr.P.C.”)assailing the Impugned Order passed by the Sessions Court dismissing the application for default bail under Section 167(2) Cr.P.C. The Court observed that as long as the chargesheet contains information required under Section 173 of the Cr.P.C. and is filed on time, the lack of an FSL report doesn't make it incomplete. It further added that the same could be filed along with the supplementary chargesheet.
Brief Facts:
Delhi Police received a secret information on 10.03.2023, about the petitioner buying drugs from a Nigerian national. The Police accordingly raided and apprehended the petitioner with a bag containing 51 grams cocaine, 35 grams of MDMA tablets, 10 Ecstasy tablets and 50 other MDMA tablets weighing 26.50 grams. Following the petitioner’s disclosure statement, another person was arrested with bags containing contrabands. The petitioner was formally arrested on 11.03.2023, and chargesheet was filed within 180 days, without FSL report which was received later.
Contentions of the Petitioner:
It was alleged on behalf of the petitioner that the contraband was planted by the Police, while highlighting the incomplete chargesheet filed without FSL report. Therefore, it was claimed that the petitioner was entitled to be released on default bail.
Contentions of the Respondents:
The State Counsel highlighted the fact of recovery from the petitioner followed by arrest of another person in possession of contraband based on the Petitioner’s statement. It was further submitted that a charge sheet filed under Section 173 of Cr.P.C. within 180 days was not incomplete in the absence of FSL report, denying the petitioner’s entitlement to bail.
Observations of the Court:
While deciding the question of whether the petitioner was entitled to benefit under Section 167(2) of Cr.P.C. on account of non-filing of FSL report with the chargesheet filed within 180 days, the Court hinted at the interconnection between Article 21 of the Constitution of India and Section 167(2) of the Cr.P.C. The Court observed that “When the investigation is not completed within the statutory timeframe, accused is entitled to default bail as also where Charge Sheet is filed within the prescribed period, but is incomplete.” The Court referred to Central Bureau of Investigation v. Kapil Wadhawan and Another and K. Veeraswami Vs. Union of India & Ors, 1991 Latest Caselaw 164 SC to support its stance.
Through catena of cases including Taj Singh vs State (Delhi Admn.), 1987 Latest Caselaw 330 Del and Kishan Lal vs State, 1989 Latest Caselaw 487 Del, looking at the consistent view of the Courts earlier, the Court remarked that there was no general direction to release an accused on default bail merely on ground of non-filing of FSL report with the chargesheet otherwise filed within the statutory timeframe.
The decision of the Court:
The Delhi High Court, dismissed the petition for being devoid of merits. The Court held that there was no reason to release the petitioner on bail merely because the FSL report was not filed when the Charge Sheet was filed, and explained that the FSL report now received could always be filed along with the supplementary chargesheet.
Case Title: Baljeet Singh v State
Coram: Hon’ble Ms. Justice Jyoti Singh
Case No.: Crl.Rev. P. 312/2024
Advocate for the Petitioner: Ms. Ruchika
Advocate for the Respondents: Ms. Richa Dhawan, APP for State with SI Rajbir Singh, AGS, Crime
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