Forensic reports negating narcotic character can support regular bail when no operative further investigation order exists.

Forensic reports from the Central FSL, Hyderabad and the FSL, Gandhinagar prima facie showed that the seized substance was neither a narcotic drug nor a psychotropic substance. In the absence of any subsisting order for further investigation under section 173(8) of the Criminal Procedure Code, and considering the applicant's prolonged custody, regular bail under section 439 could be granted on suitable conditions. The court also noted that liberty remained to seek cancellation if later further investigation warranted it.

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Issues: Whether the applicant, charged under the NDPS Act, was entitled to be released on regular bail under section 439 of the Code of Criminal Procedure, 1973 in view of the forensic reports showing that the seized substance was not a narcotic drug or psychotropic substance, and in the absence of any subsisting order for further investigation under section 173(8) of the Code of Criminal Procedure, 1973.

Analysis: The forensic reports from the Central FSL, Hyderabad and the FSL, Gandhinagar prima facie indicated that the seized substance was neither a narcotic drug nor a psychotropic substance. The request for further investigation under section 173(8) of the Code of Criminal Procedure, 1973 had already been rejected by the trial court and, as on the date of decision, no order for further investigation was operating. The applicant had remained in custody for more than 18 months, and the Court found that bail could be granted on suitable terms and conditions, while preserving liberty to seek cancellation if future further investigation so warranted.

Conclusion: The applicant was held entitled to regular bail, subject to conditions and to any future order that may be passed in relation to further investigation.

Ratio Decidendi: Where forensic material prima facie negates the alleged contraband character of the seized substance and no operative order for further investigation exists, regular bail may be granted under section 439 of the Code of Criminal Procedure, 1973 on appropriate conditions.

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