NDPS Act | Judicial Custody Beyond 60 Days Without Chargesheet Is Unlawful: Rajasthan HC Orders Police To Obtain FSL Reports Within 60 Days

Highlighting the time period for which an NDPS accused can be kept in judicial custody without filing of a charge-sheet was dependent on findings of FSL report, the Jaipur bench of the Rajasthan High Court directed Director General of Police Jaipur to ensure that FSL reports in NDPS cases are obtained within 60 days on priority. 

Justice Anil Kumar Upman was hearing a bail application filed by an NDPS accused who was arrested in March 2024, and as per the prosecution case, the recovered contraband was perceived to be MDA by the seizure officer based on the officer's past experience, which was then sent to the FSL.

However, when the FSL Reports came in September 2024, the substance was not found to be MDA but methamphetamine and the quantity recovered from the accused was much less that the commercial quantity prescribed for methamphetamine.

Justice Upman said, "In my thoughtful consideration, FSL report is the most important thing in an NDPS case upon which, entire investigation and trial revolve. In the instant case, FSL report was issued after almost 130 days of receipt of the samples and upon analysis, 'methamphetamine' was detected. As per the prosecution case, contraband weighing 24.75 grams was recovered from the petitioner whereas commercial quantity of 'methamphetamine' prescribed under the Act is 50 Grams. Thus, the maximum time period to complete investigation and to file result of investigation is 60 days. Any further remand to judicial custody beyond 60 days without the chargesheet being presented before the Court will be without the authority of law. Here in this case, charge sheet has been filed on 12.09.2024 whereas FIR has been registered on 20.03.2024 and on the same day, the petitioner was arrested".

The court thereafter directed the Director General of Police, Jaipur to ensure that henceforth, FSL reports be obtained from the FSL on priority basis preferably within 60 days and for this purpose, proper coordination be made with the concerned Directors, FSL "as life and liberty are priceless and they can't be compromises except with the sanction of law". 

The court noted that under Section 167(2) Cr.P.C. Magistrate has the power to send an accused person to custody with a limitation of 90 days and 60 days, as the case may be. This provision is related to information to the police and their powers to investigate. Any further remand to judicial custody beyond 90 days and 60 days without the chargesheet being presented before the Court will be without the authority of law, the court said. 

With respect to probes in NDPS Act cases, the court observed whether the investigation is to be completed within sixty days or one hundred and eighty days is totally dependent upon FSL report. If the FSL report affirms the idea/estimation or presumption of the seizure officer and matter involves recovery of commercial quantity, investigation should be completed within 180 days.

"But in case, FSL report does not match with the opinion of the Seizure officer and give report of presence of any other substance which may not be punishable under the NDPS Act or if punishable under the NDPS Act but if the recovered quantity is below commercial, in that eventuality, investigation is to be completed within 60 days and not in one hundred and eighty days,” it said. 

The Court also held that it was well established that a seizure officer could not be said to be an expert under Section 45 of the Indian Evidence Act, and a person's liberty could not be put at stake on account of seizure officer's observation and opinion based on past experience.

The Court highlighted that based on the contraband and the recovered quantity from the Petitioner, the maximum duration for which the Petitioner could have been kept in judicial custody without filing of the charge-sheet was 60 days and any further remand to judicial custody beyond 60 days without filing of charge-sheets was without the authority of law.

The court thereafter allowed the bail plea and directed the DGP, Jaipur inform on the steps taken.

The matter is next listed on March 18.

Title: Dheeraj Singh Parmar v State of Rajasthan

Citation: 2025 LiveLaw (Raj) 71

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