Sk. Eimat @ Bidhia vs State Of Odisha
2022 Latest Caselaw 4553 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No. 2033 of 2022

            Sk. Eimat @ Bidhia                     ....              Petitioner
                                           Mr. Chandan Samantaray, Advocate

                                          -Versus-
            State of Odisha                          ....         Opposite Party
                                                      Mr. S.S. Mohapatra, ASC
                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                         ORDER

08.09.2022 Order No.

03. 1. Mr. Samantaray, learned counsel for the petitioner submits that charge-sheet was filed in the present case but without Chemical Examiner's Report in absence of which, charge-sheet could not be said to be complete. In support of such contention, Mr. Samantaray cited judgments of in the case of Ravinder Vrs. State of Haryana MANU/PH/3829/2014, Sunil Vasantrao Phulbande and Ors. Vrs. State of Maharashtra MANU/MH/0356/2002, Tarlok and others Vrs. State of Haryana MANU/PH/0275/2019, Achpal and Ors. Vrs. State of Rajasthan MANU/SC/1035/2018. It is submitted that in similar circumstances, the Courts have held that in absence of Chemical Examiner's Report charge-sheet shall not be treated as complete and therefore, application under Section 167(2) Cr.P.C. for default bail should have been allowed.

2. Mr. Mohapatra, learned Addl. Standing Counsel seeks an adjournment to obtain instruction in the matter.

3. List this matter on 16th September, 2022.

(R.K. Pattanaik) Judge U.K.Sahoo