Do Not Make Such Vague Communication: High Court Of Madhya Pradesh Reprimands Director Of FSL, Bhopal

Justice Vivek Agarwal was essentially dealing with a bail application, wherein a DNA report was called for by the court, vide order dated 11.11.2021. However, the report was still awaited on the next date of hearing. The court, vide order dated 08.12.2021 again directed the state that the DNA report be produced positively on or before the next date of hearing.

Despite the categorical instructions of the court, the report was not produced on the next dating of hearing as well i.e., on 17.01.2022. Counsel for the state made a submission that she received a copy of communication dated 24.12.2021 issued by DNA Unit FSL, Bhopal stating that 4470 cases are pending before the unit and, therefore, the respective samples will be taken in its turn. The said communication did not provide a tentative date as to when would the report be submitted. Taking strong exception to the said communication, the court noted that "This kind of communication from the FSL, Bhopal is absurd and incomplete."

The court instructed the Director of FSL, Bhopal to file an affidavit personally, giving a detailed account of number of samples tested every day and a tentative date of testing for the sample submitted in the present case. The court also wanted to know as to when would the report be prepared and shared with the concerned authorities. It further directed the Director of FSL, Bhopal "to be cautious in future and give specific details in future like sample number and the date on which is likely to be tested and should not make such vague communication in future."

Petitioner was represented by Advocate A.K. Singh

Respondents were represented by Ms. Swati George

Case Title: Jagdev @ Yadav Chadhar Vs The State Of Madhya Pradesh And Others

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