NDPS Act| What Are Consequences If Chargesheet Is Filed Without FSL Report? Supreme Court Hears Reference

The Supreme Court today highlighted the need to consider the 'irreversible consequences' and effects on the rights of an accused when a chargesheet is filed under the Narcotic Drugs and Psychotropic Substances Act 1985 without the Forensic Science Laboratory report within the time limit. The Special bench led by Justice Suryakant comprising Justice Sudhanshu Dhulia and Justice Ujjal Bhuyan was hearing the issue of whether a person accused of committing offences under the Narcotic Drugs and Psychotropic Substances Act 1985 is entitled to default bail on the failure of the prosecution to furnish the report of the Forensic Science Laboratory along with the chargesheet within the prescribed time. The rule further provides that in case where a "quantitative analysis requires longer time, the results of the qualitative test shall be dispatched to the court of Magistrate with a copy to investigating officer within the said time limit on the original copy of the Test Memo and in the next fifteen days the result of quantitative test shall also be indicated on the duplicate Test Memo and sent to the court of Magistrate with a copy to the investigating officer". Initially, a division bench comprising Justices Aniruddha Bose and PV Sanjay Kumar was hearing a Special Leave Petition filed against a judgment of the Delhi High Court which rejected accused's plea for default bail on the ground of non-supply of the FSL report.