Absence Of FSL Report In Charge Sheet Does Not Constitute ‘Incomplete Report’: Delhi High Court In NDPS Case

The Delhi High Court has rejected a statutory bail application filed by a man accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), despite the absence of a Forensic Science Laboratory (FSL) report in the charge sheet.

The High Court held so while considering a bail application filed on behalf of Hashmat Mohammadi (petitioner/accused), requesting statutory bail in a case registered under Section 21 of the NDPS Act.

Earlier, the accused's bail application was rejected by the Trial Court, which had held that the absence of an FSL report in the chargesheet did not make it incomplete.

A Single Judge Bench of Justice Dinesh Kumar Sharma observed that “the learned trial court has rightly denied the petitioner the bail as mere non-filing of FSL report with the chargesheet. Hence, the bail application of the petitioner stand rejected”.

Advocate Hemant Gulati appeared for the Petitioner, whereas Advocate Amol Sinha appeared for the Respondent.

The brief facts of the case revolved around a secret tip received regarding an individual named Altaf, who was reportedly planning to deliver a consignment of narcotic substances in the vicinity of Zakir Nagar, Delhi. In response to this information, a team was assembled, and a trap was set for Altaf. Subsequently, he was apprehended in possession of 4.5 kilograms of contraband and subsequently arrested. During the investigation, another individual named Abid Hussain Sultan was raided based on information provided by Altaf. Abid was found to be in possession of a total of 12 kilograms of heroin. Later, Abid disclosed information about the present accused, who was a resident of Afghanistan. Acting on this statement, the accused was arrested, and 5 kilograms of heroin were recovered from the glove box of the two-wheeler he was riding. Furthermore, the accused had revealed that the narcotic substances were sourced by individuals based in Afghanistan, and in addition to that, a refining factory was operational in Zakir Nagar, Delhi.

After considering the submission, the Bench placed reliance on the decision of Kishan Lal vs. State [Crl.W.P.No.622/1988], wherein it was observed that while the police are not allowed to submit an incomplete report under Section 173(2) of CrPC, the investigation is considered complete except for the report of an expert such as the Serologist, Scientific Officer, or Chemical Examiner.

As a result, the decision of Kishan Lal empowered the Magistrate to take cognizance of the offense based on a police report that does not include the expert's opinion.

The Bench further reiterated that the absence of the FSL Report with the charge sheet does not fall under the purview of Section 173(2) of the CrPC, as constituting an ‘incomplete report’.

Therefore, the High Court ruled that the Trial Court had made the correct decision in denying bail to the petitioner, and consequently rejected the petitioner's bail application.

Cause Title: Hashmat Mohammadi v. State, NCT of Delhi [Neutral Citation: 2023: DHC: 6875]

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