The Rajasthan High Court has delivered a crucial verdict concerning judicial custody in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court has ruled that keeping an accused in judicial custody for more than 60 days without filing a charge sheet is unlawful unless justified by an FSL (Forensic Science Laboratory) report confirming the presence of a commercial quantity of narcotics.
Key Directives from the High Court
The court, while hearing a bail plea in the case of Dheeraj Singh Parmar v. State of Rajasthan, emphasized the need for expeditious handling of FSL reports. It directed the Director General of Police (DGP), Jaipur, to ensure that FSL reports in NDPS cases are obtained within 60 days.
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"Life and liberty are priceless, and they cannot be compromised except with the sanction of law," the court stated, underscoring the importance of timely investigations.
Case Background
The case revolved around an accused, Dheeraj Singh Parmar, who was arrested in March 2024 under the NDPS Act. At the time of the seizure, the contraband was presumed to be MDA based on the seizure officer's past experience. However, the FSL report, which arrived in September 2024—nearly 130 days later—confirmed that the substance was actually methamphetamine. The court noted that the quantity recovered (24.75 grams) was significantly below the commercial quantity threshold (50 grams for methamphetamine).
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Justice Anil Kumar Upman, in his ruling, remarked:
"The FSL report is the most crucial document in an NDPS case as the entire investigation and trial revolve around it. Here, the report was delayed by 130 days, yet the accused continued to remain in custody without any legal justification."
Legal Limitations on Judicial Custody
The court referred to Section 167(2) of the CrPC, which sets a maximum limit of:
- 60 days for cases where the contraband seized is below the commercial quantity.
- 180 days for cases involving a commercial quantity of narcotics.
The court made it clear that any further remand beyond these statutory limits without filing a charge sheet would be unlawful.
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"A seizure officer cannot be considered an expert under Section 45 of the Indian Evidence Act. The liberty of an individual cannot be jeopardized merely based on the past experience or assumptions of the officer," the court asserted.
Court's Ruling and Directives to Law Enforcement
In light of these findings, the court ruled in favor of granting bail to the accused and issued strict directives:
- The DGP, Jaipur, must ensure that FSL reports are obtained within 60 days in NDPS cases.
- Proper coordination must be established with FSL authorities to avoid delays.
- Judicial custody beyond 60 days without filing a charge sheet is not legally sustainable unless the FSL report confirms the presence of a commercial quantity of narcotics.
The court granted bail to the accused on the condition that he furnish a personal bond of ₹50,000 with two sureties of ₹25,000 each. He was also directed to mark his presence at the local police station on the first day of every month until the trial concludes.
The next hearing in the matter is scheduled for March 18, 2025
Case Title: Dheeraj Singh Parmar v State of Rajasthan
