Can Accused Get Default Bail If FSL Report Isn't Submitted With Chargesheet Within Prescribed Time? SC Refers Matter To Larger Bench

In a bail application, filed before the Supreme Court seeking default bail under the NDPS Act , the Hon’ble bench comprising of Justice Aniruddha Bose and Justice Sanjay Kumar referred the matter to the larger bench to decide whether failure on the part of the prosecution to include the FSL report pertaining to the seized contraband article(s) along with the chargesheet, within the specified time would entitle the accused for default bail or not. 

Factual Matrix of the case

In the instant case, the petitioner has been implicated for committing the offence under various sections of the Narcotics Drugs and Psychotropic substances Act,1985 (NDPS).He was arrested on 07.04.2022 and the chargesheet was filed on 07.10.2022. The allegation against the petitioner involves recovery of 2 kg heroin from him

The report of the Forensic Science Laboratory (FSL) identifying the alleged seized contraband was not part of the chargesheet thus invoking the provision of Section 167(2) of Cr.P.C for default bail. The FSL report was submitted later on 05.07.2023 confirming the seized contraband as heroin.

However, the Hon’ble High Court of Delhi, citing a precedent, rejected the bail plea of the petitioner, emphasising that the absence of the FSL report did not automatically entitle the accused for default bail.

The ASG on behalf of the state argued that the spot-testing kit used by the officials on the alleged contraband gave positive indication for heroin. On the other hand, the Ld. Counsel for the petitioner stated that the spot-testing kit results hold no evidentiary value and relied on many orders passed by the Court granting interim relief to the petitioners on default bail. The Hon’ble Bench further observed that the matter of default bail is compounded by divergent views among different benches of the court on interpretation of relevant legal provisions. 

The Bench placed the opinion on the larger Bench to decide the question on whether failure on the part of the prosecution to include the FSL report pertaining to the seized contraband article(s) along with the chargesheet, within the time specified in Section 167(2) of the Code read with Section 36A of the NDPS Act, would entitle the accused to default bail or not.

Hanif Ansari Vs state (Govt of NCT of Delhi) (SLP (Crl.) No(s). 15293/2023 decided on 19.03.2024

Advocates who appeared for the case:

For Petitioners: Advocate Akshay Bhandari; Ashish Batra (AOR), Adv. Anmol Sachdeva; Adv. Megha Saroa 

For Respondent: Mr. K M Nataraj, A.S.G, Mr. Mukesh Kumar Maroria (AOR)