CUTTACK: The Orissa High Court has declined to give any verdict on the legality of a trial court’s order of cognisance and framing of charges on the basis of chargesheet filed without chemical examination report against two persons accused in an NDPS case involving seizure of brown sugar from them.
The single judge bench of Justice Sibo Sankar Mishra said, “Whether a chargesheet without the chemical examination report is a complete chargesheet as contemplated under section-173 CrPC or not is yet to be decided by the Supreme Court. But as it prevails today, there are conflicting views. The issue is sub judice before the Supreme Court in Mohd Arbaz and others vs State of NCT of Delhi case.”
“Therefore, it would not be appropriate to take any view in this regard at this stage except to await the outcome of the pending matters before the Supreme Court,” Justice Mishra opined while disposing of a petition on April 8.
The case was registered against the two accused persons at the Baselisahi police station in Puri in connection with the alleged seizure of 357.62 gram of brown sugar from their possession on February 3, 2023. The Special Judge, Puri had issued cognisance and framed charges against them on July 31, 2023.
Both the accused had filed a petition in the high court seeking quashing of the entire criminal prosecution against them as the chargesheet in their case was incomplete as per the settled principle of law, which holds the field as of today, as it was filed without the chemical examination report.
While refusing to keep in abeyance the proceedings before the trial court and enlarge the petitioners on bail, Justice Mishra said, “I am of the view that on the basis of the materials available on record as of today, the petitioners should move appropriate application before the court below seeking regular bail under section 439 CrPC and if such application is moved, the same shall be decided on its own merit.”