Is Charge Sheet Incomplete In NDPS Cases Without Forensic Report?Do States Have Adequate Forensic Labs? Supreme Court To Examine

The Supreme Court has issued notice to the Union Government and all States to address the issue relating to the establishment of adequate Forensic Science Laboratories by State Governments with adequate number of technical staff required to operate such labs.

The Court is considering the issue whether chargesheet without the inclusion of Forensic Science Laboratory (FSL) or Examiner's Reports in NDPS cases can be considered 'incomplete Report' under Section 173 (report of police officer on completion of investigation) of the CrPC.

A bench of Justice Surya Kant, Justice Sudhanshu Dhulia and Justice Ujjal Bhuyan will deal with these issues in a batch of petitions regarding bail to accused persons in various NDPS cases across the country.

On Thursday, the court proposed to hear all states and union territories before issuing any directions. The court will also deal with other critical questions pertaining to the fairness and efficacy of trials under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

One such issue is the establishment of adequate FSL/Examiner Laboratories by State Governments and the appointment of requisite technical staff. The court recognized the need to assess the current status of these laboratories and the mechanisms in place for the timely submission of FSL/Examiner's Reports.

The court also identified the necessity of reviewing the follow-up actions taken by States in compliance with its earlier directions in the case of Union of India v. Mohan Lal & Anr., (2016) 3 SCC 379.

In the Mohan Lal case, the Supreme Court issued several directions to ensure the proper handling and storage of seized narcotic drugs and psychotropic substances:

1. Seized substances should be forwarded to the officer in charge of the nearest police station or an officer empowered under Section 53 of the NDPS Act. The officer must then approach the Magistrate with an application under Section 52A(ii) of the Act, which the Magistrate should allow as soon as required.
2. Sampling of seized substances should be done under the supervision of the Magistrate.
3. The Central and State Governments are free to set up storage facilities with appropriate security measures to prevent theft, pilferage, or replacement of seized drugs. This included designating an officer for each storage facility and ensuring proper security measures.
4. The disposal of seized drugs currently lying in police storage should be carried out by the Drugs Disposal Committees as per the directions issued in the judgment.'

In that case, the Supreme Court had requested the Chief Justices of the High Courts concerned to appoint a Committee of Judges on the administrative side to supervise and monitor progress made by the respective States in regard to the compliance with these.

On Thursday, the Supreme Court directed the Registry to issue notices to the Union of India, all States, and Union Territories returnable on August 29, 2024.

The court also issued notices regarding the prayer for interim bail by the accused persons, also returnable on the same date, August 29, 2024.

The matters are scheduled for hearing on August 29, 2024 at 3:00 PM.

It may be noted that in March this year, a two-judge bench had referred to a 3-judge bench another petition which raised the issue whether FSL report is required to be filed along with the chargesheet under the NDPS Act.

Case no. – Special Leave to Appeal (Crl.) No(s). 8164-8166/2021 with connected matters

Case Title – Mohd. Arbaz & Ors. v. State of NCT of Delhi with connected matters