TMI Blog2023 (5) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Amit Sharma, J. ORDER 1. The present application under Section 167(2) of the CrPC seeks default bail in case FIR No. 117/2019, under Sections 21/25/29 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e listing the said petition for final disposal. 4. The case of the prosecution, as stated in the status report dated 08.02.2022 authored by Inspector Vinod Kumar, P.S. Special Cell, is as under: 1. That on 17/07/19, acting upon secret information, drivers of two cars were apprehended near Ashram flyover and 60 Kgs (30 Kgs in each car) of contraband (packed as I kg packet) was recovered from special cavity of the scat. In this regard, a case FIR No. 117/19 u/s 21/25/29 NDPS Act was registered at PS Special Cell, Lodhi Colony, New Delhi. 2. That on the basis of interrogation of accused Dheeraj @ Deepak, driver of one of the cars, search was conducted at M No. 483, Gali No. 21, Zakhir Nagar, Okhla, Delhi and in that house, three persons were a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso recovered and seized on 18.7.2019 from H No. 483, Gali No. 21, Zakhir Nagar, Okhla, Delhi. 6. That open ended warrants were obtained from the Hon'ble Court against two Afghan nationals namely Nazar Mohammad S/o Wazir Mohammad R/o Helmand, Afghanistan and Baba Jaan @ Hajl Waheed R/o Afghanistan and efforts are being made to develop information about them. 7. That two Aghan nationals namely Ahmad Shah Alokozai and Neda Mohad have already absconded the trial proceedings in this case, after enlarging on interim bail. 8. That present applicant is also an Afghan national and it is very likelihood that he may also adopt the same methodology and then never report to Hon'ble court. 5. Learned APP for the State submits that the FSL report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il was granted under Section 167(2) as the charge-sheet was already filed within stipulated time. The observation reads as follows: 5. The question raised by the petitioners in a nut shell is whether the investigation of a case under the NDPS Act can be said to be complete in the absence of the report of the scientific officer and chemical examiner? The contention is that where the accused person is allegedly found in possession of or transporting a prohibited drug or substance, mainly two facts have to be established by the prosecution viz. (1) that of recovery of the commodity or substance; and (2) that the possession of the said recovered material is illegal under the provisions of the NDPS Act. It is submitted that the investigating off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed yet another report which was termed as supplementary challan‟. The objection taken at the trial was that the Magistrate had no power to take cognizance of the case on 3rd October when the incomplete challan dated 2-10-1949 was placed before him. It was contended that the police are not permitted to file an incomplete report under Section 173(2) of the Code. 12. Further in view of the decision of Kishan Lal v. State [Kishan Lal v. State, 1989 SCC OnLine Del 348 : (1989) 39 DLT 392] , a Coordinate Bench of this Court in a recent judgment of Babu v. State (NCT of Delhi) [Babu v. State (NCT of Delhi), 2020 SCC OnLine Del 1229] , observed as under: s18. Though this Court is of the view that the decision of the Division Bench of the P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aryana High Court in Ajit Singh v. State of Punjab [Ajit Singh v. State of Punjab, 2018 SCC OnLine P H 6941] and the view expressed by the Bombay High Court in Sunil Vasantrao Phulbande v. State of Maharashtra [Sunil Vasantrao Phulbande v. State of Maharashtra, 2002 SCC OnLine Bom 153] , convinced this Court that the view of the Division Bench in Kishan Lal case [Kishan Lal v. State, 1989 SCC OnLine Del 348 : (1989) 39 DLT 392] is binding. 25. In view of the above, the petitioners' contention that the report submitted on 27-5-2019 could not be construed as a report under Section 173(2)CrPC must be rejected. The first question is, thus, answered in the negative . 14. At present, the settled law persists in the view that non filing of FSL ..... X X X X Extracts X X X X X X X X Extracts X X X X
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