Forensic report key to establish crime in drug cases, says HC
A case under the NDPS Act can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband, observes HC bench
CHANDIGARH: A high court bench granted bail to an accused in a drugs case, observing that the forensic reports in drugs seizure cases form the foundation of the case of prosecution and in case the same is not there, the entire case of prosecution falls to ground.
The high court bench of justice Gurvinder Singh observed that no doubt the Supreme Court has held that a challan even if not accompanied by a report of the chemical examiner or of the expert cannot be said to be incomplete.
“However, it needs to be highlighted that the said cases did not pertain to an offence under the NDPS Act. A case under the NDPS Act can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination,” the bench said.
The court was hearing a bail plea from one Vinay Kumar from Sirsa arrested in December
2020. According to the police, Kumar was possessing 7,000 Tramadol Hydrochloride tablets when arrested. The challan was presented before the trial court on March 4, 2021, but without the chemical examination report.
The period of 180 days, which is mandated for filing of challan as per provisions of NDPS Act expired on June 20, but the prosecution did not file the forensic report. Kumar filed for bail on June 22 on the ground that in the absence of report of FSL, the challan could not be said to be complete. However, the plea was dismissed by the trial court.
The court said that in other (not related to drugs) cases, even the ocular version coupled with some medical evidence or some other circumstantial evidence may suffice to bring home the guilt of the accused. “..the contention of the petitioner that the report of FSL form very foundation of the case of prosecution and is an integral part of the challan cannot be brushed aside (in NDPS cases),” the bench said, quashing the trial court’s order and allowing bail to the accused.