IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25th April, 2024

BAIL APPLN. 1397/2024

TANAY KHATRI Through: ….. Applicant Mr Abhishek Chaudhary, Adv. (through VC)
Mr. Abhishek Singh and Mr. Aalok Kumar, Advs.

versus

STATE (NCT OF DELHI) Through: ….. Respondent Mr. Sanjeev Bhandari, ASC for
the State with SI Rohit, ANTF, Crime Branch.

CORAM: HON’BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. CRL.M.A. 12187/2024 (exemption from filing the complete certified copies of documents / original / typed / handwritten / legible copies of the dim annexures, proper left and right hand margin of documents, and proper font size of annexures filed along with the petition)

1.Exemption allowed, subject to all just exceptions.

2.The application stands disposed of.

3.The present bail application is filed under Section 167(2) read with Sections 439 and 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking grant of default bail in FIR No. 205/2023, dated
22.08.2023, for offences under Sections 20/22/25/29 of the Narcotic Drugs And Psychotropic Substances, Act, 1985 registered at Police Station Crime Branch.

4.Brief facts of the case are that on the basis of secret information, on 22.08.2023, that a person namely, Sahil @ Max, who is involved in the business (sale / purchase) of various kinds of drugs (contraband), was apprehended. It is alleged that 133 grams of MDMA, 1200 grams of Charas, 2580 grams of Ganja was recovered from the Car; 67 grams of MDMA was recovered from his personal search; and thereafter 52 ecstasy pills were recovered during the search of his house.

5.The present applicant was arrested on 22.08.2023 on the disclosure statement of the co-accused Sahil.

6.The chargesheet is the present case was filed on 17.02.2024. The applicant preferred an application under Section 167 (2) of Cr.P.C. seeking default bail on the ground that incomplete chargesheet
is filed since it was not accompanied with a FSL report. During the pendency of the application the FSL report was filed on 21.03.2024.

7.The learned Counsel for the applicant submits that the issue – whether chargesheet filed without FSL report is an “incomplete chargesheet”, is pending consideration before the Hon’ble Supreme Court.

8.The learned Additional Standing Counsel, appearing on advance notice, submits that the it is not the case where the FSL report has not been filed and in any case the non-filling of FSL cannot be a
ground for seeking default bail in terms of the law laid down by this Court.

9.I have heard learned Counsel for the parties.

10.The question as to whether the accused is entitled to the benefit of the statutory right conferred under the proviso to sub-section 2 of Section 167 of the CrPC, on the ground that non-filing of the FSL
report renders the charge sheet incomplete, though filed within the prescribed time limit, has come up before this Court in a number of cases.

11.This issue is pending consideration before the Hon’ble Apex Court. In such a situation, this Court is bound to follow the law laid down in Kishan Lal v. State: 1989 SCC OnLine Del 348, whereby the Division Bench of this Court dismissed the plea of default bail by observing that non-filing of FSL Report does not render the chargesheet incomplete. This Court in Satish Kumar & Anr v. State: 2024:DHC:1258 and Bhushan @Veera v. State : 2024:DHC:2137 had also taken the same view.

12.In view of the above the present bail application is dismissed.

13.Pending Application(s), if any, also stands dismissed.

14.It is made clear that the present application is limited to the issue of default bail and nothing stated hereinabove shall be treated as an opinion on the merits of the case.

AMIT MAHAJAN, J APRIL 25, 2024 Signature Not Verified Digitally Signed By:HARMINDER KAUR
Signing Date:14.05.2024 11:19:35 BAIL APPLN. 1397/2024