Punjab and Haryana High Court grants default bail to NDPS accused as chargesheet filed without forensic report

Justice Vikas Suri acknowledged that there has been some debate over whether a chargesheet submitted without an accompanying FSL report is incomplete in cases filed under the Narcotic Drugs and Psychotropic Substances Act (Act).

The question is presently pending before a Full Bench of the High Court as well as the Supreme Court, the judge was told.

Nevertheless, Justice Suri granted default bail in the case before him after considering that the accused persons had been in jail for more than nine months.

Notably, in Arif Khan vs. State (Govt. of NCT of Delhi), the Supreme Court had granted default bail in a case where the chargesheet was not accompanied by an FSL report. The High Court relied on this ruling as well to grant default bail in the present case.

First appeared on www.barandbench.com

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