Lawstreet Journal

Charge Sheet Submitted Without Forensic Report Cannot Be Deemed as Completed: Meghalaya NDPS Court

Lawstreet Journal 22 Jul 2020 6:21pm

Image courtesy: Lawstreet Journal Judiciary Charge Sheet Submitted Without Forensic Report Cannot Be Deemed as Completed: Meghalaya NDPS Court

A trial court in Meghalaya has opined that a Charge Sheet submitted without a forensic science report attached to it, will be deemed as incomplete, and will not be accepted by the Court. The observation was made while hearing a matter concerning a person accused under the Narcotics and Psychotropic Substances Act.

The matter was taken up by Special Judge (NDPS) at East Khasi Hills District, Shillong. The petition was filed by Smt. Susanna Lyngdoh, wife of the accused Khir Bahadur Tamang. The petitioner was represented by Learned Counsel Shri. Netra Kumar Rai.

The order read, “In the absence of FSL report, the Court cannot proceed with the case as the Chemical Analysis Report is a vital document to ascertain the quality and quantity of the seized contraband and as such without trial is not justified to remand the accused person on every production date on a Mechanical manner.”

The order came while hearing the bail application of the accused, who has been imprisoned for over 5 months for being accused of an offense under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Counsel for the petitioner submitted that “the investigation of the instant case is complete and the Investigating Officer has already filed the Charge Sheet bearing Charge Sheet No. 16 of 2020 on 27.04.2020 and as such further detention of the accused person for the purpose of the investigation is not warranted.”

Citing that due to prevailing COVID-19 pandemic, the commencement of a proper trial may take… Continue Reading...

Tagged: Marijuana   NDPS  
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