Default Bail Granted in NDPS Case Due to Incomplete Challan Filed Without FSL Report - Represented by Advocate Gurpreet Singh Sodhi in Ajmer Sessions Court

In a significant case involving the Narcotic Drugs and Psychotropic Substances (NDPS) Act, Advocate Gurpreet Singh Sodhi successfully represented the accused, Mr. X, who was charged under the NDPS Act after a large quantity of narcotic substances was allegedly recovered from him. The accused faced serious charges, including possession of commercial quantity drugs, but was ultimately granted default bail due to procedural lapses in the case, specifically the failure to file the FSL (Forensic Science Laboratory) report along with the challan within the stipulated time frame.

Facts of the Case:

Mr. X was arrested by the police in Ajmer on charges under the NDPS Act for the recovery of a significant quantity of narcotic substances. The challan was filed before the Ajmer Sessions Court on 26.12.2020, but it was incomplete as it did not include the crucial FSL report.

Under the NDPS Act, the investigating agency is required to submit the FSL report, which determines the nature of the recovered substance, along with the challan. However, the police filed the challan without the FSL report, leading to the defense raising concerns about the legality of the proceedings.

Legal Strategy by Advocate Gurpreet Singh Sodhi:

1. Challenge Based on Incomplete Challan: Advocate Gurpreet Singh Sodhi immediately identified that the challan filed was incomplete, as it lacked the FSL report, which is essential for determining whether the recovered substances fall under the NDPS Act's commercial quantity category. Under Section 167(2) of the Criminal Procedure Code (Cr.P.C.), an incomplete challan cannot be deemed as a valid submission. Therefore, the accused should be entitled to default bail.
2. Reliance on Legal Precedents: Advocate Sodhi referred to several precedents, including the Ajit Singh @ Jeeta and another v. State of Punjab case, where the Punjab and Haryana High Court ruled that a challan filed without the FSL report on the recovered substance was incomplete. The court held that such a challan could not satisfy the requirements of Section 167(2) Cr.P.C., entitling the accused to default bail.
3. Timely Application for Default Bail: After the stipulated 180-day period for filing the challan passed, Advocate Sodhi filed a default bail application on behalf of the accused. The application was filed on 09.08.2021, as per the legal provision, seeking release on default bail due to the police's failure to file a complete challan, including the necessary FSL report.
4. Supreme Court Precedent: Advocate Sodhi also cited the Supreme Court’s judgment in Special Leave to Appeal (Crl.) No.8164-8166 of 2021, dated 13.12.2021, where interim bail was granted in similar cases where the investigating agency had failed to file the complete police report, including the FSL report. He argued that the same principle applied in this case.

Court’s Verdict:

The Ajmer Sessions Court, after hearing the arguments presented by Advocate Gurpreet Singh Sodhi, ruled in favor of the accused. The Court concluded that the challan filed by the police was incomplete due to the absence of the FSL report, which is a crucial document to determine the substance's classification under the NDPS Act. As a result, the accused was entitled to default bail under Section 167(2) Cr.P.C..

The Court also noted that the investigating agency had failed to meet the 180-day deadline for filing the complete challan, which further strengthened the defense’s argument for granting bail to the accused.

Conclusion:

Thanks to the legal expertise and dedicated efforts of Advocate Gurpreet Singh Sodhi, the accused was granted default bail in the NDPS case due to the incomplete challan filed by the police. This case emphasizes the importance of adhering to procedural requirements in NDPS cases and highlights the role of competent legal representation in ensuring that the rights of the accused are protected.

The Ajmer Sessions Court’s decision to grant default bail serves as a reminder that when the legal provisions are not met, such as the failure to file an FSL report, the accused must be granted relief as per Section 167(2) Cr.P.C., ensuring fairness in the criminal justice system.