[Sample Analysis] Unless Mandatory Time Limits Prescribed In Concerned Statutes Are Complied, Test Results Will Be Unreliable: Madras High Court

Justice RN Manjula noted that the purpose of prescribing time limits for sending samples for analysis is to ensure that there is no further contamination in the chemical products. When these time limits are not complied with, the test results become unreliable.

The very object of prescribing time limit to send the sample for analysis and get the test results in a prescribed time is to see that no further contamination is occurred in chemical products. Unless the mandatory time limits are complied, the test results will be unreliable.

In the present case, the petitioner was the sole accused. He was found to be unloading adulterated diesel and after due search and seizure, the Tahsildar had given a complaint to the Deputy Superintendent of Police based on which the case was registered under the two Acts.

The petitioner contended that as per law, the authorised person for conducting search and seizure in these types of cases was a police officer not below the rank of Deputy Superintendent of Police duly authorised by general or special order of the Central Government or State Government as the case may be. In the present case however, the search and seizure was conducted by the Tahsildar.

It was further submitted that as per law, the sample of the product should be forwarded to the laboratories within ten days and the laboratory should furnish the report to the authorised officer within a period of twenty days. A copy of the test result should be communicated to the person involved in the offence within a period of five days from the receipt of test results.

The court noted that the search and seizure was conducted by the Tahsildar and the sample was handed over to the police at the time of making the complaint. The samples were sent to the laboratory after almost two months as against the 10 days deadline prescribed under law. The laboratory, though was supposed to submit the test results within 20 days of receiving the sample, had given its analysis report after a delay of one year. Further the test results were never communicated to the accused.

The court observed that in the present case, the delay at each stage had deprived the accused from availing his opportunity to defend the case. Thus, since the mandatory procedure and the prescribed time limit was violated, the court deemed it fit to quash the FIR.

Since the mandatory procedure and the prescribed time limit has been violated, the entire proceedings would get vitiated and no purpose will be served if the investigation is allowed to be continued. Hence, I feel it is a fit case where the powers of this Court under Section 482 Cr.P.C. should be exercised to quash the FIR.

Case Title: Venkatesan @ Venkatesh v. State and others

Citation: 2023 LiveLaw (Mad) 55