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2023 (5) TMI 1305 - DELHI HIGH COURTSeeking grant of Default bail - arrest on 18.07.2019 and the chargesheet in the present case was filed on 18.01.2020 without a report from the FSL - indefeasible right to default bail under Section 167(2) of the Cr.P.C. - HELD THAT:- A coordinate bench of this Court in SULEMAN VERSUS THE STATE (NCT OF DELHI) [2022 (8) TMI 1491 - DELHI HIGH COURT], in the background of the similar factual matrix, after discussing various judgments of this Court held At present, the settled law persists in the view that non filing of FSL report with the charge-sheet does not fall within the realms of Section 173(2)CrPC so as to consider it as “incomplete report”. In the present case although FSL report has not been filed, however, the charge-sheet was already filed on 3-3-2021 within the time period as per law. Further, the amount of quantity recovered from the accused is of commercial nature baring the accused from bail under Section 37 of the NDPS Act. In view of the judgment rendered by a coordinate bench of this Court in Suleman, this Court is of the opinion that the chargesheet filed in the present case is not incomplete - Application dismissed.
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