Punjab-Haryana High Court
Kuldeep Singh @ Deepa vs State Of Punjab --Respondent on 4 April, 2014
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM No. M-1813 of 2014 (O&M)
Date of Decision: 04.4.2014.
Kuldeep Singh @ Deepa --Petitioner
Versus
State of Punjab --Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. M.S. Sodhi, Advocate for the petitioner.
Mr. Premjit Singh Hundal, A.A.G., Punjab.
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TEJINDER SINGH DHINDSA.J This order shall dispose of the present petition filed under Section 439 Cr.P.C for grant of bail to the petitioner in case F.I.R. No.234 dated 22.7.2013 under sections 21/22 of N.D.P.S Act, registered at Police Station, City Ferozepur, District Ferozepur.
Learned counsel for the parties have been heard. On 4.3.2014, the following order was passed by this Court:-
"The petitioner along with another accused was allegedly in possession of 288 capsules of Spasmo-Proxyvon and 5 grams of smack. Charge has been laid without the chemical examiner's report. The petitioner invoked the provision of Section 167(2) of the Code of Criminal Procedure seeking statutory bail but the same was declined by the trial court.
Without commenting upon the exact quantity of narcotic stuff in the absence of chemical examiner's report, interim bail is granted to the petitioner to the satisfaction of the trial court.
It is brought to the notice of this court that in very many cases chemical examiner's report is not received in time Lucky 2014.04.07 10:37 by the investigating agency on account of the heavy pendency I attest to the accuracy and integrity of this document chandigarh CRM No. M-1813 of 2014 (O&M) -2- of references made by the investigating officials seeking chemical analysis report on the contraband sent for analysis. Some of the decisions by the High Courts in other parts of the country would suggest that filing of final report without chemical examiner's report is as good as non filing of a charge sheet and consequently an accused in custody can ably invoke the provision under Section 167 (2) of the Code of Criminal Procedure seeking statutory bail.
The state has not so far addressed the gravity of the challenge posed on account of heavy pendency of matters referred by the investigating officials for analysis to the Forensic Science Laboratory. Either the capacity of the Forensic Science Laboratory would have to be expanded or more number of such facilities will have to be opened by the State. As otherwise even habitual offender may escape from the clutches of law by taking the statutory route under Section 167 (2) of the Code of Criminal Procedure.
Post the matter on 4.4.2014.
The learned Advocate General, Punjab shall assist the court on that date."
As per prosecution version the petitioner along with another accused was allegedly found in possession of 288 capsules of Spasmo- Proxyvon and 5 grams of smack.
Learned State counsel upon instructions from ASI Sukhminder Singh would apprise the Court that the report of the Chemical Examiner has since been furnished and the following ingredients have been found:-
"Dextroropoxyphene Napsylate 99.2 mg/capsule Dicyclomine hydrochloride 9.2 mg/capsule Paracetamol 399.2 mg/capsule."
It also stands conceded by learned State counsel that the alleged recovery from the petitioner would be construed as non-commercial as per CRM No. M-1813 of 2014 (O&M) -3- schedule to the N.D.P.S Act.
In the light of such conceded factual position, the order dated 4.3.2014 as regards interim bail having been granted to the petitioner, is made absolute.
In so far as the observations made by this Court in the order dated 4.3.2014 for capacity of the Forensic Science Laboratories to be expanded or more numbers of such facilities to be opened by the State, suffice it to observe that such issue is under consideration before a Division Bench of this Court in CWP No.5385 of 2014 which is still pending adjudication. As such, there would be no requirement of passing any direction in regard thereto.
Petition disposed of.
(TEJINDER SINGH DHINDSA) JUDGE April 04, 2014.
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