Research › Browse › Judgment

Madhya Pradesh High Court · body

1995 DIGILAW 389 (MP)

Banti Prasad v. State of M. P.

1995-04-04

J.G.CHITRE

body1995
JUDGMENT Inspite of sufficient opportunity, the prosecution is unable to produce the report of F.S.L. Indore for the purpose of showing that the article which is alleged to have been seized from the possession of the applicant was narcotic drug. It is very strange that prosecution is not in a position to submit the report from F.S.L. till today. Such laps and laziness on the part of prosecution deserve to be deprecated to the fullest. It is suggestive of connivance and attitude of helping the accused for getting the bail which needs inquiry. It is also noted from the argument which has been advanced on behalf of the prosecution by G.A. that charge-sheet has not been submitted against the accused in Court within the period of 90 days. That is also strange and needs probe from concerned higher authority, because such lapses on the part of investigating agency indirectly helps the accused in getting bail in cases where accused has been charged for committing such offences in which bail is not granted freely. It becomes necessary to note here that S. 37 of the N.D.P.S. Act restricts bail to such offenders. But when the investigating agency follows such lazy and defaulting way, indirectly it brushes aside the effect of S. 37 of the Act. I have criticised this approach of investigating agency only for the purpose of ensuring safety to innocent persons because drug consumption and traffic is menace to the society. Such lapses on the part of investigating agency is likely to prejudice interest of many innocent persons of the society hence it has to be curbed and such defaulting attitude has to be wiped out. The Inspector General of Police, Indore to make inquiry in this matter about such lapses and laziness shown by the investigating agency in the investigation of Crime No. 176/94 of P.S. Shyamgarh for the purpose of ascertaining the reasons of delay in filing charge-sheet and in procuring report from Regional Forensic Science Laboratory, Indore. The report be submitted on or before 2.5.95 to this Court. In the circumstances the prayer for bail made by the applicant is allowed. He is directed to be released on bail on furnishing a security in the sum of Rs. 15,000/- (fifteen thousand) with one surety and P.R. bond to that extent before C.J.M. Mandsaur in respect of Crime No. 176/94 of P.S. Shyamgarh. In the circumstances the prayer for bail made by the applicant is allowed. He is directed to be released on bail on furnishing a security in the sum of Rs. 15,000/- (fifteen thousand) with one surety and P.R. bond to that extent before C.J.M. Mandsaur in respect of Crime No. 176/94 of P.S. Shyamgarh. The applicant shall not threaten, contact or induce any of the prosecution witnesses. Copy of this order be sent to Inspector General of Police, Indore so also to Govt. Advocate Shri Desai, who will send copy of this order to Inspector General of Police for necessary action and for inquiry to be done by him.