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Chargesheet put before a court without submission of forensic report not complete: Meghalaya Court grants bail to an accused in a NDPS matter

Team SoOLEGAL 21 Jul 2020 4:48pm

Chargesheet put before a court without submission of forensic report not complete: Meghalaya Court grants bail to an accused in a NDPS matter

A trial court in Meghalaya has held that a chargesheet cannot be construed as a complete chargesheet if the same is put before a court without submitting the forensic science report. The court gave this decision while granting bail to an individual who was accused under the Narcotics Drugs and Psychotropic Substances Act, 1985.

The court was hearing a bail application moved by a person who has been in prison for a period of 5 months, booked under Section 21(b) of the NDPS Act, 1985. The Special judge who was dealing with the matter acknowledged the fact that the police had not placed the Chemical Analysis report on record.

It was noted by the court that the police had filed a chargesheet against the accused for the seizure of a contraband weighing 43.34 grams which subsequently falls under intermediate quantity. In that regard no forensic science report has been submitted in the court till date.

The Investigating Officer (I/O) has submitted in the court that the said report is still pending in the forensic laboratory in Shillong.

With regard to all the submissions the court stated, “It is clear that the accused person is in custody for more than 5 months, but till date FSL report has not reached this court nor any steps taken in respect of the pending FSL report. Further, in the absence of Chemical Analysis Report the Charge sheet submitted by the I/O cannot be considered to be completed charge sheet.

In addition, the Court has noted that it is difficult to say that the product confiscated is a contraband product and, considering that the chemical analysis report is not readily accessible, it cannot determine the quantity and nature of the contraband.

While considering the above submissions, the accused was granted bail by the court on furnishing the bail amount of Rs. 2,00,000/-.



Tagged: Meghalaya Court   NDPS matter   NDPS Act 1985   chargesheet  
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Kunal Sahu   21 Jul 2020 11:04pm
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Kunal Sahu   21 Jul 2020 11:04pm
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Kunal Sahu   21 Jul 2020 11:04pm
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Kunal Sahu   21 Jul 2020 11:03pm
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