Interference In DNA Testing Causes "Devastating Blow" To Criminal Justice System: P&H HC Refuses Anticipatory Bail To FSL Dy. Director Who Took Bribes For Awarding DNA Kit Tender

The Punjab & Haryana High Court has refused to grant anticipatory bail to the Deputy Director of Forensic Science Laboratory, Madhuban, Karnal, Haryana, apprehending arrest in a corruption case wherein she was accused of demanding and accepting a bribe from the employees of a company to provide tender.

It was alleged that the petitioner had accepted a bribe of Rs 11 lakhs to secure the tender to the company and clear bills of DNS/PCR Kits.

While rejecting the pre-arrest bail, Justice Anoop Chitkara said, "The bribe involves the purchase of DNA testing kits. DNA testing plays a crucial role in concluding complex investigations through scientific evidence, which is conclusive and critical to achieving justice, especially for survivors of sexual assault and physical assault, just to say a few. Any unwarranted interference or obstruction at any level about such a sensitive matter would cause a devastating blow to the investigation and thereby to the entire criminal justice system and, therefore, needs to be considered seriously."

If such grave allegations are levelled against any official, they need to be examined microscopically, leaving no stone unturned to ensure that no innocent is wrongly prosecuted for a crime they did not commit, and no victim is deprived of due justice, the Court added.

Anita Kadian, Deputy Director of Forensic Science Laboratory, Madhuban, Karnal, Haryana was booked under Sections 13, 7 and 8 of the Prevention of Corruption Act, 1988 (As amended by P.C. Act, 2018) and Section 120-B IPC, for allegedly demanding and accepting bribe of 11 lakh rupees for providing tenders to the company.

According prosecution in a video recording, it was shown that co-accused were seen admitting that Kadian had demanded a bribe of 20 lakhs out of which 11 lakhs were paid.

The senior counsel for the accused argued that the complainant stage-managed the conversation and got those recorded on WhatsApp through a spectacle spy camera concerning a tender that was allotted six months earlier and in which the petitioner had a limited role of being a member of the technical committee.

Referring to the video recording recorded by the complainant who is a senior official of FSL, the Court said, "A reading of the entire conversation points out the plight of the company officials at the hands of government officials. One can make it out that they were scared of the FSL people because of the excessive demand for bribes/speed money by some of the corrupt officials of FSL Madhuban."

"All three suppliers made extra-judicial confessions before the complainant Rajiv Kawatra, whose evidence is relevant because he has not been arraigned as an accused as of date,"  the bench added. It noted that the evidence collected was prima facia admissible, under sections 8 and 30 of the Indian Evidence Act of 1872.

Justice Chitkara noted that the entire investigation points out that some of the officials of FSL, Madhuban, were awarding tenders and clearing bills to the companies only on receipt of massive amounts of bribes.

The Court opined if the officers are posted in such sensitive positions when their report is per se permissible under Section 293 Cr.P.C., the consequences can be devastating. It is for the government to look into this aspect of the matter, but as far as the petitioner's case for bail is concerned, by highlighting the mediocrity of Dr. Rajiv Kawatra (complainant, Senior Scientific Officer), she is not entitled to any benefit in this regard, the Court observed. 

In light of the above, the plea for pre-arrest bail was rejected.

Consequently, the plea was dismissed.

Appearance: Vinod Ghai, Sr. Advocate with Advocates Gaurav Datta, Srishti S. Sharma, Shivam Sharma, and Gurkirat Singh for the petitioner.

R.K. Singla, DAG, Haryana.

Nikhil Ghai, Advocate and  P.S. Bindra, Advocate for the complainant.

Citation: 2024 LiveLaw (PH) 32