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

Post By 24law
February 26, 2025

Pranav B Prem

The Rajasthan High Court has held that keeping an accused in judicial custody beyond 60 days without filing a chargesheet in cases where the investigation is dependent on an FSL report is unlawful. The Jaipur bench directed the Director General of Police, Jaipur, to ensure that forensic science laboratory (FSL) reports in NDPS cases are obtained on a priority basis within 60 days.

Key Observations by the Court

Justice Anil Kumar Upman, while hearing a bail application observed: "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."

Background of the Case

The petitioner was arrested on March 20, 2024, for allegedly possessing 24.75 grams of contraband, which was initially identified by the seizure officer as MDA based on past experience. However, the FSL report issued in September 2024 confirmed the substance to be methamphetamine, which had a higher commercial quantity threshold of 50 grams. Since the recovered quantity was below the commercial threshold, the Court ruled that the investigation should have been completed within 60 days and not 180 days.

Limitation on Judicial Custody

The Court emphasized that under Section 167(2) Cr.P.C., an accused can only be detained in custody for:

60 days, if the investigation involves a non-commercial quantity of contraband.

180 days, if the seized substance qualifies as a commercial quantity under the NDPS Act.

Since the FSL report confirmed that the seized contraband was methamphetamine below the commercial quantity, the Court ruled that any further remand beyond 60 days without filing the chargesheet was illegal.

Seizure Officer Not an Expert Under Section 45 of the Evidence Act

The Court also clarified that the seizure officer’s opinion could not determine the nature of the contraband and that forensic analysis was necessary for confirmation. The Bench observed: "It is well-established law that a seizure officer cannot be said to be an expert within the meaning of Section 45 of the Evidence Act but only on the basis of observation and opinion, based on past experience of the seizure officer, liberty of a person is put to stake, which in my considered opinion, is not justified in any manner."

Directions to the Police Department

The Court directed the Director General of Police, Jaipur, to take concrete steps for the expeditious receipt of FSL reports within 60 days, stating:"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 compromised except with the sanction of law." The Court further ordered that the Director General of Police must apprise the Court of the steps taken to ensure compliance with this directive.

Bail Granted

Given the excessive delay in obtaining the FSL report and the petitioner’s prolonged custody, the Court allowed the bail application, noting that trial would take considerable time to conclude. The petitioner was ordered to be released on bail upon furnishing a personal bond of ₹50,000 along with two sureties of ₹25,000 each. The matter has been listed for further hearing on March 18, 2025, with the Court expecting a compliance report from the DGP, Jaipur.