Supreme Court explains distinction between the “sum adjudged” and the “principal sum adjudged

 On the basis of this judgment, the distinction is that “sum adjudged” may mean the whole amount adjudicated as payable, while “principal sum adjudged” means only the principal amount adjudged, excluding the interest component unless there is a specific legal basis to merge it into principal.

Meaning of “sum adjudged”

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO.812 OF 2014

M/S D. KHOSLA AND COMPANY  Vs THE UNION OF INDIA

Citation: 2024 INSC 587

Read full judgment here: Click here.

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Whether Non-Filing of CA/FSL Report With Chargesheet in NDPS Case Gives Right to Default Bail? Bombay High Court Conflict and Supreme Court Reference in Hanif Ansari

In NDPS cases, an important question frequently arises before Special Courts: if the chargesheet is filed within the statutory period, but the Chemical Analyser/FSL report is not filed along with it, can the accused claim default bail? The answer, as on date, is not finally settled by the Supreme Court. The precise issue has been referred to a larger Bench in Hanif Ansari v. State (Govt. of NCT of Delhi), SLP (Crl.) No. 15293 of 2023.

At present, the correct legal position is that default bail is not automatic merely because the CA/FSL report was not filed with the chargesheet. However, in a given case, the accused may still contend that the chargesheet is incomplete if the report is indispensable to establish that the seized substance is in fact a narcotic drug or psychotropic substance.

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FSL Report Filed Later, But No Default Bail: Bombay High Court Clarifies

Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(c), 21(c), 29, 36A(4) — Code of Criminal Procedure, 1973 — Sections 167(2), 173(2), 173(5), 173(8), 439 — Default bail — Chargesheet filed within statutory period — CA/FSL report filed subsequently — Whether chargesheet is incomplete — Held, No — A police report containing particulars required under Section 173(2) CrPC, if filed within prescribed period, is not rendered incomplete merely because Chemical Analyser/FSL report was not filed along with it — Non-filing of FSL report with chargesheet does not by itself confer indefeasible right to default bail — Earlier view taking contrary position held not to reflect correct law in light of Division Bench ruling in Manas Krishna T.K. v. State — Compliance with Sections 42, 50 and 52A NDPS Act prima facie found — Commercial quantity of Mephedrone recovered — Rigours of Section 37 attracted — Bail applications rejected.​

​One-line proposition

A timely chargesheet in an NDPS case is not incomplete merely because the CA/FSL report is filed later; hence, default bail is not available on that ground alone.​

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Application (BA) Nos. 285/2024, 1141/2023 and 1179/2023

Decided On: 03.07.2024

Wasim Akram Vs. State of Maharashtra

Hon'ble Judges/Coram:

Urmila S. Joshi-Phalke, J

 Citation: 2024:BHC-NAG:6940,MANU/MH/5086/2024

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No Default Bail Merely Because FSL Report Came Later: Bombay High Court Explains the Law in NDPS Case

 A recent judgment of the Bombay High Court, Nagpur Bench, clearly explains an issue that frequently arises in NDPS prosecutions: if the chargesheet is filed within time, but the CA/FSL report is filed later, does the accused get default bail? The Court answered this in the negative and held that mere non-filing of the FSL report along with the chargesheet does not automatically make the chargesheet incomplete.

This ruling is important because many NDPS bail applications are founded on the argument that without the Chemical Analyser or Forensic Science Laboratory report, the investigation remains incomplete. The judgment explains why that argument does not always succeed, especially where the police report otherwise satisfies the legal requirements of Section 173(2) of the Code of Criminal Procedure.

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