SC Appoints Amicus Curiae to Address Delay in FSL Reports in NDPS Cases
Last Updated on August 5, 2024 by News Desk
The Supreme Court bench of Justices J.K. Maheshwari and Rajesh Bindal has appointed Senior Advocate Nikhil Goel as amicus curiae to examine why States fail to submit Forensic Science Laboratory (FSL) reports along with the Challan within the stipulated time under the Narcotics Drugs and Psychotropic Substance Act, 1985 (NDPS Act).
This decision stems from a case where an accused, arrested under Sections 8, 18, and 25 of the NDPS Act on September 11, 2020, sought bail due to the absence of the FSL report with the chargesheet. Despite the Madhya Pradesh police filing a Challan on March 7, 2021, and framing charges on October 16, 2021, the FSL report was missing, leading to interim bail for the accused on February 16, 2024.
The court directed the Additional Director General of Police (Narcotics Wing), Madhya Pradesh, to submit an affidavit detailing the number of cases lacking FSL reports with Challans and steps taken to expedite these reports. The affidavit revealed that out of 24,169 NDPS Act cases in Madhya Pradesh, FSL reports were missing in 7,158 cases.
Under the NDPS Act, a Challan must be filed within 60 days for small quantities and 180 days for commercial quantities. Failure to do so can result in default bail. The court found that Challans were often filed based on acknowledgment receipts of sample deposits at FSL, with reports submitted later. Despite instructions issued on March 7, 2024, to file Challans only after obtaining FSL reports, delays persisted due to manpower shortages in FSL units.
The Additional Director General of Police cited ongoing recruitment of 46 laboratory technicians and assistants and efforts to upgrade the state’s Forensic Science Laboratory. However, the court expressed dissatisfaction with this explanation, noting significant vacancies in sanctioned FSL posts.
The court highlighted that out of 505 sanctioned posts, only 190 are filled, with 315 remaining vacant. Key positions, including 2 Additional Director General posts and 14 out of 15 Junior Director posts, were unfilled, severely impacting FSL report submissions.
Acknowledging similar issues nationwide, the court appointed Nikhil Goel to assist as amicus curiae, with the liberty to seek assistance from Advocates on Record (A.O.R.s). The court will determine the honorarium for the amicus and A.O.R.s later.
Case details: Bablu Singh v. The State of Madhya Pradesh, SLP (Crl. Appeal) No. 631/2024.
Written by — Athi Venkatesh AVD
