R.P.NAGRATH, J. - (1.) THIS petition under Section 439 Cr.P.C. has been filed for grant of regular bail to the petitioner in FIR No. 16 dated 18.3.2013 registered under Sections 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act of 1985') at Police Station Lakho Ke Behram, District Ferozepur.
(2.) SINCE the recovery effected from the petitioner falls in commercial quantity of the psychotropic substance, the learned counsel for the petitioner has confined his argument to challenge the legality of the order dated 24.9.2013 (Annexure P -1) passed by the learned trial Court on the plea set -up in terms of Section 167 (2) of the Code of Criminal Procedure (Cr.P.C.) declining bail in default. It is not disputed that period of 180 days expired on 19.9.2013 and the challan was presented on 10.9.2013. However, report of the Forensic Science Laboratory (FSL) was not been annexed with the challan. It is admitted that report of the FSL is dated 17.10.2013 and the same was filed in the trial Court on 8.1.2014. The petitioner, however, applied for grant of bail before the Special Judge on 16.9.2013 i.e. after the challan was presented.
(3.) LEARNED petitioner's counsel vehemently contended that in the absence of report of FSL, the charge -sheet presented by the State would be incomplete and it could be legally said to have been presented on 8.1.2014.;