While granting relief to an accused booked in a case pertaining to the Narcotic Drugs and Psychotropic Substances Act, the Bombay High Court has held that the accused would be entitled to be released on bail considering the fact that the Forensic Science Laboratory (Chemical Analysis) report was simply tendered across the bar without filing a supplementary charge-sheet.

The High Court was considering a bail application of the accused who was arrested in connection with a case registered under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Single Bench of Justice M.M. Nerlikar held, “It was the duty of the investigating officer to tender the same along with the supplementary charge-sheet, as was observed by the Supreme Court that a strange procedure has been followed. Thus as is observed above, that though the Chemical Analysis report was available with the investigating agency on 16.12.2025, the charge sheet was filed much after that without including the Chemical Analyzer’s report. In such circumstances, the applicant would be entitled for bail under Section 187(3) of the BNSS/Section 167[2] of the Code, since charge sheet was filed without enclosing the Chemical Analysis report.”

“Taking over all view of the matter, though, prima facie, there are serious allegations against the applicant, however, considering the fact that the Forensic Science Laboratory (Chemical Analysis) report was simply tendered across the bar without filing supplementary charge-sheet, entitles the applicant to be released on bail, by imposing stringent conditions”, it added.

Advocate R.M. Daga represented the Applicant while Additional Public Prosecutor T. Udeshi represented the State.

Factual Background

The first information report was lodged by a police official alleging that secret information was received that the applicant, along with his friend, would be coming in a car to sell M.D. Drugs. On this information, a car was intercepted, and on search, two plastic packets containing white coloured powder weighing 160 gms of MD (Mephedrone) were found. Other articles were also seized. The applicant approached the High Court on the basis that the charge-sheet was filed without a Forensic Science Laboratory Report, and the charge-sheet was hurriedly filed, without any Chemical Analysis report to defeat the right provided under Section 187(3) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS)/Section 167(2) of the Code of Criminal Procedure.

Reasoning

On a perusal of the facts of the case, the Bench noted that the applicant had filed an application under Section 483 of the BNSS /Section 439 of the Code of Criminal Procedure and the prayer made therein did not speak of releasing him on bail under Section 187(3) of the BNSS/ Section 167(2) of the Code. However, the applicant made averments in his application, regarding default bail, stating that the Chemical Analysis report was not filed along with the charge sheet showing the contraband, which was seized, was M.D. Drug.

The Bench was of the opinion that even if the bail application under Section 483 of the BNSS /Section 439 of the Code of Criminal Procedure was preferred for claiming bail under Section 187(3) of the BNSS/Section 167(2) of the Code of Criminal Procedure, the same would be maintainable. “There is no bar as such, as Section 483 of the BNSS /Section 439 of the Code of Criminal Procedure deals with special powers of the High Court or the Court of Sessions, regarding bail. Therefore, I hold that in the given circumstances, the present application is maintainable”, it stated.

The Bench took note of the fact that the charge sheet was filed on January 21, 2026, without there being a Chemical Analysis report. It was further noticed that the Chemical Analysis report was prepared on December 8, 2025, and it was received by the Police Station on December 16, 2025. “However, if the date of filing of charge sheet is considered i.e. 21.01.2026 it could be gathered that much after receipt of the Chemical Analysis report, the charge sheet came to be filed, however, for the reasons best known to the Investigating Officer, the Chemical Analysis report was not made part and parcel of the charge-sheet”, it added.

Considering that almost two months after the filing of the charge-sheet, the Chemical Analysis report was sought to be placed on record, the Bench held that the Trial Court ought not to have accepted the said Chemical Analysis report. The Bench was of the view that the applicant was entitled to bail under Section 187(3) of the BNSS/Section 167(2) of the Code as the charge sheet was filed without enclosing the Chemical Analysis report.

“Therefore, considering the above factual background and the orders of the Supreme Court, Delhi High Court as well as this Court, prima facie, it appears that, in case at hand the Forensic Science Laboratory report was not part and parcel of the charge-sheet and further it was simply tendered by moving an application by the police officer without resorting to the procedure of filing supplementary charge-sheet, which amounts to following of strange procedure by the Special Court under the NDPS Act”, the order read.

Thus, allowing the criminal application, the Bench ordered the applicant accused to be released on bail by imposing stringent conditions.

Cause Title: Ashish Prakash Walke v. State of Maharashtra (Neutral Citation: 2026:BHC-NAG:6256)

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Bombay High CourtJustice M.M. Nerlikar

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.