Supreme Court to Review Validity of Chargesheet Without FSL Report in NDPS Cases
The Supreme Court is set to review whether a chargesheet filed under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) without a Forensic Science Laboratory (FSL) report can be considered incomplete under the Code of Criminal Procedure, 1973 (CrPC) [Mohd. Arbaz and Others v. State of NCT of Delhi].
A three-judge Bench comprising Justices Surya Kant, Sudhanshu Dhulia, and Ujjal Bhuyan will also address broader issues related to the effectiveness and fairness of trials under the NDPS Act. Key areas of examination include:
– The establishment and adequacy of Forensic Science Laboratories by State Governments and the appointment of necessary technical staff.
– The current status and functioning of these laboratories.
– The creation of a reliable system for timely submission of FSL/Examiner’s reports.
– Compliance with the Supreme Court’s directions in Union of India v. Mohan Lal (2016) regarding the storage of contraband.
On July 18, the Court sought responses from the Central government, all States, and Union Territories on these issues and scheduled the matter for further hearing on August 29.
This review follows a November 2020 Delhi High Court decision denying bail to three individuals charged under Sections 21 and 29 of the NDPS Act for allegedly carrying around 20 kg of contraband. The accused argued that the chargesheet was incomplete without the FSL report, entitling them to default bail under Section 167, CrPC.
While the trial court had rejected this claim, the High Court acknowledged the issue of completeness but upheld the denial of default bail due to the timely filing of the chargesheet. The accused have appealed to the Supreme Court, which granted interim bail in December 2021, extending it as necessary, including on July 18.
(With inputs from agency)
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