NDPS Act | Supreme Court Directs ADG (Narcotics Wing) Of MP To Inform In How Many Cases FSL Report Isn't Filed With Challan

The Supreme Court expressed dissatisfaction with the State of Madhya Pradesh for not filing the Forensic Science Laboratory (FSL) along with Challan in an NDPS case.

In view of this, Justices J.K. Maheshwari and Sanjay Karol directed the Additional Director General of the Police (Narcotics Wing) to file an affidavit outlining how many matters the FSL report was not filed along with the challan. This was only concerning the State of MP. Further, the Court also said that the affidavit should explain why required steps were not taken to obtain the report as soon as possible. Besides, the policy decision and the steps taken to obtain this report also need to be apprised. Pertinently, the deadline given for filing the affidavit is one month.

“We further direct that the Additional Director General of the Police (Narcotics Wing), who is dealing with the matters relating to Narcotics in the State of Madhya Pradesh, shall file an affidavit before this Court that in how many matters, the FSL report has not been filed along with the challan. It be also explained by him that without having FSL report, why the challan is being filed; and why due steps have not been taken to procure the FSL report at the earliest though the Forensic Science Laboratory is situated at Sagar in Madhya Pradesh itself. The affidavit shall further explain that what are the steps taken to procure the FSL report at the earliest by way of policy decision of the State Government.,” the Court order stated.

In the instant case, a was registered against the accused under several sections of the Narcotic Drugs and Psychotropic Substances Act, 1985. Pursuant to this, the accused/ present petitioner was taken into custody. Consequently, Challan was filed, and charges were farmed. Having the bail denied by the High Court, the petitioner approached the Apex Court.

The specific stand taken by the petitioner before both Courts was that the FSL report was not filed along with the chargesheet. The Court noted that even the State has acceded to the fact that the report has not been filed.

“During hearing, on being asked by the Court, whether the FSL report has been filed or not, learned counsel contends that it has not been filed.”

In view of this projection, the Court granted an interim bail while also passing the above direction against the State.

“Considering the peculiar facts and circumstances of the case as narrated hereinabove, we deem it appropriate to grant interim bail to the petitioner…"

The matter will be next listed once the affidavit is filed.