HC releases accused on bail; says drugs seizure cases can’t be established without identifying seizure

The trial court had dismissed default bail plea of one Pawan, an accused in the drugs seizure case. He had challenged the order in the HC arguing a challan presented without the report of the chemical examiner has to be termed as an incomplete challan. Hence, he was entitled to bail.

The Punjab and Haryana high court has released an accused in a drugs seizure case on bail as challan was presented by the Haryana police without accompanying forensic science laboratory report of the seizure.

The Punjab and Haryana HC has released an accused in a drugs seizure case on bail as challan was presented by the Haryana police without accompanying forensic science laboratory report of the seizure. (Getty Images/ Representational image)

“It would be apposite to mention here that a case under the NDPS Act cannot be established without firstly and most importantly identifying the contraband and, therefore, no court can possibly take cognisance of an offence under the NDPS Act without an FSL report,” the bench of justice Jasjit Singh Bedi observed while quashing the order of the additional sessions judge, Sirsa.

The trial court had dismissed default bail plea of one Pawan, an accused in the drugs seizure case. He had challenged the order in the high court arguing a challan presented without the report of the chemical examiner has to be termed as an incomplete challan. Hence, he was entitled to bail.

In the case in hand, the FIR was registered on July 14, 2022, pursuant to the alleged recovery of 14 kg of ‘doda post’. The challan was submitted on September 7, 2022, before the 60 days period lapsed on September 12, 2022. In view of this, the accused filed an application for default bail on September 12 but was dismissed on September 17, 2022. It was this order he had challenged in the high court.

The court while allowing the plea observed that in most such cases the report of the FSL/chemical examiner/serologist/ballistic expert etc. would be primarily corroborative in nature and hence are crucial and in the absence of the same it was difficult for the courts to take cognisance of the accusations.

However, the court clarified that in some cases default bails granted are under challenge before a full bench in the high court and in some cases in the apex court as well. In case any different/contrary view is taken by the courts, the state would be at liberty to seek cancellation of the bail, it added.