“Is Investigation In NDPS Cases Complete Without Forensic Report Of Recovered Substance?"
Supreme Court to hear plea raising legal question 'whether investigation in NDPS cases can be considered to be completed in absence of a forensic report of the substance recovered?'
ASG Lekhi: Item 7&8 are connected. I’ve filed my note.
Bench: we only received one note.
Adv Rudro Chaterjee: In Item 8 petitioners also filed a note
CJI: I think we’d asked Mr Luthra to give some judgements. We don’t have Mr Sankaranarayanan’s note.
Bench: do one thing, let us complete admission matters, then we’ll take it up.
Sr Adv R Basant: let notes circulated so we can all see and argue.
Sr Adv Anand Grover: Can we also file a detailed note in item 8. (Mohd Arbaz vs State of Delhi)
Bench: Mr Grover please send it today itself
Grover: my request like Mr Sankaranarayanan is also that bail issue may be detached.
Bench: Mr Lekhi, See we’ll consider, so far as bail issue is concerned, we can consider & other issues can be considered after 2-3 days.
CJI: In item 7, we consider its a case of granting of bail. What’s the issue in item 8.
ASG: Issue is when is chargesheet complete, and if it can be considered complete without the report.
Bench: The petitioner in item 8 is also co accused with petitioner in item 7, so both must sail in the same
ASG Lekhi: I’ll leave that to your lordships I haven’t seen facts for 7.
Adv Prateek Som, Standing Counsel for Haryana; We’ve also raised similar issue, we’ve come for cancellation of bail.
Bench: ASG Lekhi, ASG Bhati, Other state counsels who’re appearing, so far as granting of bail is concerned, we’ll pass order by tomm morning. In 7,8 we’re satisfied and we’ll grant bail.
Bench: In 8.1,8.2,8.3 you please examine who is opposing the bail. if they fall in same line we’ll grant bail & post for final disposal on merits
ASG Bhati: Will your Lordships permit us to make submissions?
CJI: In 7, Have you seen order? What type of order it is sorry to say. A we’ll considered order, and You attribute motives to the judge following some judgement ?
CJI: What’s there to be sustained in judgement, it has to be dismissed with cost.
ASG Bhati; Judgement of Toofan Singh has been considered. Second aspect is qua quantity
CJI: In any criminal jurisprudence, first prima facie you’ve to establish that material substance you’re relying upon is a substance under the NDPS Act, that wasn’t done. Your allegation and your saying doesn’t help.
ASG; one FSL had come before chargesheet and one had come after that.
Bench: We’ll keep these matters tomorrow then. For bail issue. She wants to make some submissions.
Matter to be taken up tomorrow to consider the question of bail.