Lawstreet Journal

Forensic Report Forms Foundation of Cases Under NDPS Act; In its Absence, the Prosecution's Case Falls to Ground: P&H High Court [READ ORDER]

Lawstreet Journal 18 Oct 2021 9:51pm

Image courtesy: Lawstreet Journal Judiciary Forensic Report Forms Foundation of Cases Under NDPS Act; In its Absence, the Prosecution's Case Falls to Ground: P&H High Court [READ ORDER]

The Punjab and Haryana High Court last week made an important observation, holding that the Forensic report forms the foundation of a case under the NDPS (Narcotic Drugs and Psychotropic Substances) Act, and that if it is missing, the entire case of prosecution falls to the ground.

While granting bail to one Vinay Kumar, 7000 tablets of 'Clovidol-10 SR' (Tramadol Hydrochloride) were allegedly recovered from his possession, the Bench of Justice Gurvinder Singh Gill made this observation.

Importantly, the final report/challan submitted in the instant case did not include the FSL report, and the High Court concluded that a case under the NDPS act could not stand without the FSL report.

The matter before COURT:

Following the alleged recovery from the accused/bail applicant, the police investigated the matter and filed a report under Section 173 Cr.P.C. before the trial Court on March 4, 2021; however, the police's final report was not accompanied by the FSL's report (Forensic Science Laboratory).

Importantly, the prosecution in the instant case failed to file the FSL report within the 180-day period required for challan filing under the provisions of the NDPS Act read with Section 167 Cr.P.C.

As a result, when the said period expired on June 20, 2021, the petitioner filed an application under Section 167(2) Cr.P.C. for his release on bail on June 22, 2021, arguing that the challan filed by the police could not be said to be complete in the absence of the FSL report.

The said application was considered by… Continue Reading...


Tagged: NDPS   Punjab and Haryana High Court  
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