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 incomplete, given the presence of codeine phosphate indicated by spot tests and labels. Despite the chemical examiner's report confirming codeine phosphate and the petitioners' year-long custody, bail was refused. The HC, however, directed the Special Court to expedite charge framing and conclude the trial within one year to prevent undue delays.

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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."

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