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2014 (9) TMI 1284 - HC - Indian LawsSeeking grant of Regular bail - 12 plastic bags were recovered while checking trenches and the same were supposedly be containing narcotic substance - commercial quantity of narcotic substance - HELD THAT:- Section 173(i) of the Cr.P.C. clearly shows that the investigation is to be completed without any unnecessary delay and as per provisions contained under Section 173(ii) of the Cr.P.C., the challan is to be filed on completion of investigation only and not prior to that. Thus, it is clear that the trial Court is to accept the challan only on completion of investigation and by considering that all allegations levelled in the FIR have been investigated completely and charge can be framed only after considering the complete investigation report. In the present case, the charge has been framed against the petitioner without obtaining Chemical Examiner's Report and in the absence of Chemical Examiner's Report in case of NDPS Act, it cannot be said as to whether the substance found in the bags recovered from the petitioner was a narcotic substance or not. In the absence of CFSL report, the trial Court cannot take cognizance of the offence and in the absence of Chemical Analysis Report, the charge sheet/challan cannot be said to be completed. Failure to file complete charge-sheet within a prescribed period confers on the accused right to be released on bail and the court is not competent to take cognizance of the offence on incomplete charge-sheet. Charge sheet is not complete unless it is accompanied by requisites contemplated under Section 173(5) of the Code. In the present case, the incomplete challan has been presented without having any Chemical Examiner's Report and even the charges were framed as the Chemical Examiner's Report is of subsequent date. The petitioner is in custody since 21.11.2013. The trial Court is directed to send its report explaining therein as to how the charges have been framed without having any Chemical Examiner's Report as the Chemical Examiner's Report is of subsequent date of the order of framing of charge. The necessary explanation be submitted before this Court within a period of two weeks from the date of receipt of copy of this Order. Adjourned to 30.10.2014.
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