"Situation Is Alarming": Allahabad HC Depracates Practice Of Delayed Examination Of Materials In Forensic Lab During Trial

The Allahabad High Court recently expressed its displeasure over the delayed examination of materials in the Forensic Lab during the Criminal trials.

Noting that such delays are becoming a routine now, the Bench of Justice Samit Gopal directed the Director General of Police, U.P. and the Secretary, Home, Government of U.P. to inform the Court as to what steps are being taken by them for expeditious examination of materials sent to the experts for analysis. 

The Court also took note of a tendency of the prosecution to file forensic reports of the experts through a supplementary charge sheet at a much later stage, while in the meantime, the accused suffers the rigorous of jail and explores the remedy available to him for bail.

The case in brief

Essentially, the bench was dealing with the second bail application filed by one Praveen Pal. His first bail application was rejected by the Court in March 2020 with a direction to the trial court to expedite the trial and complete the same preferably within six months.

However, he had to move the Court with the instant second bail plea arguing that he was in jail since April 2018 and the trial had not concluded. To this, the Court asked the District Judge, Meerut to send the report regarding the stage of the trial.

In the report, the concerned judge sent a report stating that all the witnesses of the case have been examined during the trial, however, the report of the Forensic Lab with regards to the examination of the alleged weapon of assault had not reached the Court.

The report further stated that despite sending the letter and a reminder, the Forensic Science Laboratory, Agra had not sent the report. The Report of the judge also stated that except for the report of the Forensic Lab, the trial is almost complete.

Court's observations 

Against this backdrop, noting that the situation is alarming, the Court observed thus:

"The delayed examination of material in the Forensic Lab appears to be a routine now. In spite of the order of this Court and also various orders of other Courts, the system has not improved and it appears that the same have no effect and there is no anxiety by anyone to improve the system. The present case is a glaring example of it. The applicant is in jail since 23.04.2018. The only impediment in the conclusion of trial as of now is non-receipt of the report of the Forensic Lab."

Further, the Court stressed that the examination of material either by the Forensic Analyst or Chemical Analyst is an integral part of the investigation which may provide a link regarding the cause of death or give a lead in the matter.

"The same is very relevant for the proper investigation and even for the courts judging the case in the trial. The charge sheets are submitted without the reports of the Forensic Lab or Chemical Analyst, the investigation cannot be said to be completed without the report (s) of the experts to whom materials are sent for their opinion. As the prosecution relies on the said part of evidence also, it cannot be said that the investigation has concluded in spite of the reports not being received," the Court added.

Lastly, underscoring that the system cannot be given a knot and the same has to be deprecated, the Court also directed the Director, Forensic Science Laboratory, Agra to appear before the Court on the next date (April 29, 2022) to explain as to why the letter and the reminder sent by the trial court had not been acted upon.

Case title - Praveen Pal v. State of U.P

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