Khushi Doshi
Published on: April 12, 2022 at 20:31 IST
The Karnataka High Court recently ruled that Criminal Proceedings under the Narcotic Drugs and Psychotropic Substances Act cannot be Quashed because the Forensic Science Laboratory Report was not filed with the Charge-sheet.
In the Case, the Petitioner-Accused was Apprehended, and 60.60 kilogrammes of ganja (cannabis) was recovered from his car based on information received by the Police.
Following an Investigation, the Police filed a Charge-sheet with the Court, prompting the Petitioner-Accused to Petition the High Court for a stay of Proceedings and the grant of Interim Bail.
The Petitioner argued that the Police Charge-sheet was Defective and Incomplete because the Alleged Contraband Substance had been sent to the Forensic Science Laboratory for testing and the Report was not ready.
The Court cited the Bombay High Court’s decision in Manas Krishna TK Vs. State, which held that even if a Charge-sheet is not accompanied by a field-testing Report, it cannot be deemed incomplete simply because it lacks a Forensic Science Laboratory report. As a result, the Petitioner would not be entitled to default Bail, according to the Court.
Thus, unlike other Synthetic Drugs, ganja can be identified by its smell, texture, and structure, according to the Court. As a result, simply because the Charge-sheet did not include the Forensic Science Laboratory report, the Petitioner does not have a Right to default Bail, and the Proceedings do not need to be Quashed.
As a result, the High Court dismissed the Writ Petition.
