'Alarming Delays In Reports From Forensic Science Labs': High Court Forms Panel To Look Into Functioning Of FSL's In Punjab & Haryana
The Punjab & Haryana High Court has constituted a three-member committee to look into the functioning of the Forensic Science Laboratories across the States of Haryana and Punjab, specifically focusing on the inordinate delay and lapses that have been repeatedly coming to the notice of this Court during the hearing of multiple cases. Justice Manjari Nehru Kaul said, "The mandate of...
The Punjab & Haryana High Court has constituted a three-member committee to look into the functioning of the Forensic Science Laboratories across the States of Haryana and Punjab, specifically focusing on the inordinate delay and lapses that have been repeatedly coming to the notice of this Court during the hearing of multiple cases.
Justice Manjari Nehru Kaul said, "The mandate of the Committee would include identification of underlying administrative and technical causes leading to delays in the preparation and submission of reports by the FSL. The Committee will recommend remedial measures to fast track and streamline the entire process, for timely preparation and submission of reports by the FSL."
"it is imperative to address a critical issue that has been repeatedly brought to the notice of this Court regarding the alarming delays in the preparation and despatch of Forensic Science Laboratory (FSL) Reports, which significantly affects criminal cases, particularly those under the NDPS Act." said the Court
The judge also highlighted that it is crucial to acknowledge the pivotal role of FSL reports in criminal cases, particularly in cases under the NDPS Act, where the entire case of the prosecution hinges on the Chemical Examiner's Report.
The court said that such undue delays not only impede timely investigations but also prolong the conclusion of trials, infringing upon the fundamental right to speedy trial guaranteed under the Constitution of India. It stated that merely being a passive observer of these recurrent issues would constitute a failure of the constitutional duty of this Court.
The development came while hearing the plea seeking bail in a case pertaining to the NDPS Act under Sections Sections 420, 465, and 468 of the IPC and Sections 22 and 32 of the Act. The accused was a professional psychiatrist and was accused of illegally operating a drug addiction Centre.
Meanwhile, the present bail petition was pending, the Trial Court granted default bail to the accused. The accused had been granted default bail by the trial court after the application for an extension to time to complete the investigation was rejected.
The Haryana government filed the petition challenging the default bail granted to the accused.
After hearing the submissions, the Court opined that "Notably, the accused effectively disguised a petition for default bail as a regular bail before this Court. Such conduct reflects a calculated attempt to manipulate legal proceedings for personal advantage, which is both reprehensible and deserving of condemnation."
The Court noted that the accused, a practising psychiatrist, is allegedly involved in the illicit distribution of narcotics without possessing any valid licence.
"Such a transgression alleged against a medical practitioner would not only violate the settled medical ethics but also would significantly contribute to proliferation of drug addiction and substance abuse in society, thereby posing substantial risks to both individual well being and the community at large. Furthermore, it is prima facie evident that the accused prioritized personal gain over patient welfare, demonstrating a blatant disregard for ethical standards," it opined.
Justice Kaul further added that the consequences of a medical professional engaging in such illicit activities extend beyond the realm of patient care, as the easy availability of addictive narcotics would have perpetuated a cycle of dependency with profound and devastating effects on individuals, their families and society as a whole.
Consequently, the Court cancelled the default bail and directed the accused to surrender before the trial court on March 7.
While disposing of the pleas, the Court directed the Advocate Generals of Haryana and Punjab to submit (in sealed cover) the names of 3 senior IAS Officers and 03 senior IPS Officers within 10 days, from amongst whom, above said Committee can be constituted.
Raktim Gogoi, Advocate with Mr. Kunal Sharma, Advocate and S. Vinod, Advocate for the petitioner in CRM-M-41613-2023 and for the respondent in CRM-M-2775-2024.
Chetan Sharma, DAG, Haryana.
Title: Vinit Yadav v. State of Haryana
Citation: 2024 LiveLaw (PH) 69