Supreme Court Refers Question of Default Bail Under NDPS Act When FSL Report Is not filed with Chargesheet to Larger Bench
The Supreme Court, in the matter of Hanif Ansari Vs. State (Govt of NCT of Delhi) (SLP (Crl.) No(s). 15293/2023), has referred a pivotal question to a larger bench regarding the entitlement of an individual accused under the Narcotic Drugs and Psychotropic Substances Act 1985 to default bail. This entitlement is contingent upon the failure of the prosecution to furnish the report of the Forensic Science Laboratory along with the chargesheet within the prescribed time frame. The decision to refer this matter to a larger bench was made in light of the varied interpretations and conflicting perspectives expressed by different benches of the court.
At the heart of the issue lies the question of whether the absence of the FSL report with the chargesheet, within the specified timeframe, renders the chargesheet incomplete and thereby warrants default bail for the accused. This issue was brought before the court following a plea for default bail that was rejected by the Delhi High Court on the grounds of non-supply of the FSL report.
In reaching this decision, the bench took cognizance of prior rulings, including the precedent set forth in Central Bureau of Investigation vs. Kapil Wadhawan and Anr 2024 LiveLaw (SC) 58. This particular case established that the validity of a chargesheet is not compromised merely due to the prosecution's failure to include certain documents.
Additionally, the bench acknowledged the existence of other pending petitions raising similar questions. While interim orders granting bail to the accused have been issued in some cases, a definitive stance on the matter is yet to be articulated.
In light of these circumstances, the bench concluded that given the divergent opinions among different benches, it is prudent for a larger Bench to adjudicate on whether the absence of the FSL report would indeed entitle the accused to default bail under the provisions of Section 167(2) of the Code, read with Section 36A of the NDPS Act.