2022 (11) TMI 1481 - HC - Indian Laws

Bail Denied: Codeine Phosphate Found, HC Moves to Expedite Trial Despite Year-Long Custody and FSL Opinion Absence.

The HC denied the petitioners' request for statutory bail, ruling that the absence of a confirmatory FSL opinion did not render the police report ... Seeking grant of bail - presence of codeine phosphate in the seized consignment - police report was filed without FSL report - HELD THAT:- Test kit report at the spot indicated presence of codeine phosphate in the consignment of phensedyl bottles which were seized. Admittedly, labels on the seized bottles also confirm the presence of codeine phosphate in the seized consignments. Materials collected during investigation do not show that the consignments were being used for medicinal purposes. In view of the aforesaid materials, submission of a police report awaiting a confirmatory opinion from FSL cannot be said to be an incomplete one. The submission of the learned Counsel appearing for the petitioners that they are entitled to statuary bail cannot be accepted - the prayer for bail of the petitioners is rejected. Chemical examiner's report confirms the 'presence of codeine phosphate' in the seized consignment. Test kit results at the spot and labels on the seized phensedyl bottles also indicated the presence of codeine phosphate. Investigative materials do not demonstrate that the consignments were being used for medicinal purposes. Consequently, a police report filed while awaiting a confirmatory FSL opinion 'cannot be said to be an incomplete one.' The petitioners are not entitled to statutory bail; the prayer for bail is rejected. Noting petitioners have been in custody for about one year and the chemical examiner's report is now available, the Special Court is requested to consider framing of charge at the earliest and, if charge is framed, 'to conclude the trial within one year from the date of framing of charge without undue delay.'