(2020) Law Today Live Doc. Id. 15005
Decided on: 22.05.2020
Present:
Mr. Navneet Jindal, Advocate, for the petitioner.
Mr. Munish Sharma, AAG, Haryana.
Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 22(C), 36(A) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 173(2) -- Challan without Chemical Examiner report – Default bail – Right of -- Held, State is bound to annex the report of Chemical Examiner along with the challan u/s 173 Cr.P.C. -- On the other side, if the report is not accompanied with the challan, then the prosecution can seek time for placing on record the said report – When the first application for grant of default bail was filed, no application for extension of time was made by the prosecution – Held, petitioner deserves the concession of bail under the provisions of Section 167 (2) Cr.P.C., Ajit Singh’s case CRR No.4659 of 2015 = Law Today Live Doc. Id. 14121 relied.
(Para 2-6)
JUDGMENT
RITU BAHRI, J. --
CRM-11155-2020
1. For the reasons mentioned in the application, same is allowed and the main petition i.e. CRR-1626-2019 is taken up today itself.
CRR No.1626 of 2019
2. This petition has been filed against the order dated 02.05.2019 passed by the Additional Sessions Judge, Sirsa, whereby application filed by the petitioner under Section 167 (2) Cr.P.C. for enlarging him on default bail for not filing the proper challan/police report has been declined.
3. The petitioner was apprehended in FIR No.98 dated 23.10.2018, under Section 22 (C) of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station, Rori, District Sirsa. Since then, he is in custody. Thereafter, prosecution presented the challan, but the same did not accompany the FSL/Chemical Analysis report.
4. After hearing learned counsel for the parties and keeping in view the judgment passed by the Division Bench of this Court in Ajit Singh alias Jeeta and another vs. State of Punjab, CRR No.4659 of 2015 = Law Today Live Doc. Id. 14121, the respondent-State is bound to annex the report of Chemical Examiner along with the challan under Section 173 Cr.P.C. On the other side, if the report is not accompanied with the challan, then the prosecution can seek time for placing on record the said report.
5. Learned State counsel has informed that when the first application for grant of default bail was filed, no application for extension of time was made by the prosecution.
6. In view of the said fact and after going through the judgment passed by Division Bench of this Court in Ajit Singh's case (supra), the petitioner deserves the concession of bail under the provisions of Section 167 (2) Cr.P.C.
7. Accordingly, the present petition is allowed, the impugned order dated 02.05.2019 is set aside and the petitioner is ordered to be released on bail under Section 167 (2) Cr.P.C., subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Chief Judicial Magistrate, Sirsa.
Petition allowed.
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