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Patna High Court

Pokar RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

The charge sheet is deemed complete despite the absence of the FSL report, and bail is denied.

Summary

Pokar Ram, the driver of a vehicle from which 225.02 kg of doda powder was seized, was arrested and charged under Sections 8, 17(C) and 18(C) of the NDPS Act. He applied for bail, contending that the charge sheet was incomplete because the forensic laboratory (FSL) report was not attached, and therefore he should be entitled to the benefits of Section 167 CrPC. The Court examined the statutory provisions and held that the absence of the FSL report does not render a charge sheet incomplete, as additional documents may be produced later under the directory language of Section 173. Citing the Supreme Court’s decisions in CBI v. R.S. Pai and Rahimullah Rahimi v. State of NCT Delhi, the Court affirmed that a complete charge sheet enables the magistrate to take cognizance and precludes default bail. Consequently, the bail application was rejected. The observation was limited to the bail application and does not prejudice the trial.

Issues considered

  • Whether a charge sheet lacking the forensic laboratory report is incomplete for the purpose of granting bail under the NDPS Act.
  • Whether an accused involved in a commercial quantity offence under the NDPS Act is entitled to bail.
  • Whether the prosecution may submit additional documents after the charge sheet has been filed.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • charge sheet
  • forensic report
  • Section 167 CrPC
  • Section 173 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8247 of 2026
                          Arising Out of PS. Case No.-192 Year-2025 Thana- AMAS District- Gaya
                 ======================================================
                 Pokar Ram Son of Pardama Ram R/o Femlai Station, P.S. - Panwara,
                 Badmer(Rajesthan), A/P Baba Ramdev Line Hotel Gangati, P.S. - Amas, Dist.
                 - Gaya.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Tilak Sao, Adv.
                 For the Opposite Party/s :        Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   05-05-2026                    Heard the learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in connection with Amas P.S.

                   Case No. 192 of 2025 registered for the offences punishable under

                   Section(s) 8, 18(C), 17(C) of NDPS Act.

                               3. The petitioner was arrested on the spot and he was

                   driver of the vehicle from which a total of 225.02 Kgs Doda Powder

                   was recovered.

                               4. Learned counsel for the petitioner argues that charge

                   sheet has been submitted without obtaining the FSL Report of the

                   seized substance and thus it amounts to an incomplete charge sheet

                   and the petitioner can be given benefits of Section 167.

                               5. The question here is not whether this is an incomplete

                   charge sheet entitling the petitioner to bail but whether in case of

                   commercial quantity the petitioner is entitled to bail. In continuation

                   of the material already placed on record through the chargesheet, it is

                   equally pertinent to note the legal permissibility of the prosecution to
Patna High Court CR. MISC. No.8247 of 2026(4) dt.05-05-2026
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          file additional documents at a later stage. A closer reading of sub-

          section (5) and (8) of Section 173 makes it manifestly clear that there

          is no bar on the investigating agency from subsequently placing on

          record    additional documents that have been relied upon by the

          prosecution. The Apex Court in Central Bureau of Investigation v.

          R.S. Pai reported in (2002) 5 SCC 82, has held that the provisions of

          sub- section (5) of Section 173 are directory rather than being

          mandatory. The relevant excerpt of the judgment read as under:

                                             7. From the aforesaid sub-sections, it
                                 is apparent that normally, the investigating
                                 officer is required to produce all the relevant
                                 documents at the time of submitting the charge-
                                 sheet. At the same time, as there is no specific
                                 prohibition, it cannot be held that the additional
                                 documents cannot be produced subsequently. If
                                 some mistake is committed in not producing the
                                 relevant documents at the time of submitting the
                                 report or the charge-sheet, it is always open to
                                 the investigating officer to produce the same
                                 with the permission of the court. In our view,
                                 considering the preliminary stage of
                                 prosecution and the context in which the police
                                 officer is required to forward to the Magistrate
                                 all the documents or the relevant extracts
                                 thereof on which the prosecution proposes to
                                 rely, the word “shall” used in sub-section (5)
                                 cannot be interpreted as mandatory, but as
                                 directory. Normally, the documents gathered
                                 during the investigation upon which the
                                 prosecution wants to rely are required to be
                                 forwarded to the Magistrate, but if there is
                                 some omission, it would not mean that the
                                 remaining documents cannot be produced
                                 subsequently. Analogous provision under
                                 Section 173(4) of the Code of Criminal
                                 Procedure, 1898 was considered by this Court
                                 in Narayan Rao v. State of A.P. [AIR 1957 SC
                                 737 : 1958 SCR 283 : 1957 Cri LJ 1320] (SCR
                                 at p. 293) and it was held that the word “shall”
                                 occurring in sub-section (4) of Section 173 and
Patna High Court CR. MISC. No.8247 of 2026(4) dt.05-05-2026
                                            3/4




                                  sub-section (3) of Section 207-A is not
                                  mandatory but only directory. Further, the
                                  scheme of sub-section (8) of Section 173 also
                                  makes it abundantly clear that even after the
                                  charge-sheet is submitted, further investigation,
                                  if called for, is not precluded. If further
                                  investigation is not precluded then there is no
                                  question of not permitting the prosecution to
                                  produce additional documents which were
                                  gathered prior to or subsequent to the
                                  investigation. In such cases, there cannot be
                                  any prejudice to the accused. Hence, the
                                  impugned order passed by the Special Court
                                  cannot be sustained.

                      6. The Hon’ble High Court of Delhi rendered in the case of

          Rahimullah Rahimi vs. State of NCT Delhi dated passed in CRL.

          REV. P. No. 163 of 20246 & CRL. M.A. No. 2474 of 2024 in para 36

          it is held as under:-

                                                “36. In view of the settled
                                     position of law and the dictum laid down by
                                     the Apex Court, this Court does not find any
                                     reason to interfere with the learned Trial
                                     Court‟s order rejecting the Petitioner‟s
                                     default bail application. As long as the
                                     chargesheet is deemed to be complete
                                     within the meaning of clause (b) of sub-
                                     ection (1) of Section 190 read with sub-
                                     section (1) of Section 173 of the Cr.P.C. and
                                     enables a magistrate to lawfully take
                                     cognizance of an offence, it would not be
                                     deemed to be incomplete. It would most
                                     certainly not be “incomplete” because the
                                     CFSL report is not filed with it. Thus, the
                                     chargesheet filed on 28.02.2023 was a
                                     complete chargesheet in terms of sub-
                                     section (2) and (5) Section 173 and as soon
                                     as it was filed, the statutory period stood
                                     tolled, and the right of the Petitioner to
                                     default bail ceased to exist and became
                                     unenforceable. Thus, the question of default
                                     bail under Section 36A of the NDPS Act
                                     read with sub-section (2) of Section 167 of
           Patna High Court CR. MISC. No.8247 of 2026(4) dt.05-05-2026
                                                       4/4




                                                the Cr.P.C. would not arise at all”.

                                 7. Learned A.P.P. for the State has vehemently opposed the

                     prayer for bail of the petitioner.

                                  8. Pursuant to the order passed in Hanif Ansari vs. State

                     (NCT of Delhi) reported in 2024 SCC OnLine SC 537 the matter has

                     been referred to the larger bench by the Supreme Court and the same

                     is under consideration.

                                  9. Accordingly, prayer for bail of the petitioner is hereby

                     rejected.

                                  10. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations shall

                     not be construed as an expression on the merits of the case and shall

                     not influence the trial or any other proceedings in any manner.



                                                       (Ansul, J)
abhishekkr/-

U      T


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