Supreme Court Appoints Nikhil Goel As Amicus To Determine Why FSL Reports In NDPS Are Not Filed On Time

This comes pursuant to a case where an accused was arrested under Sections 8 (prohibition of certain operations), 18 (punishment for contravention in relation to opium poppy and opium) and 25 (punishment for allowing premises, etc., to be used for commission of an offence) of the NDPS Act on September 11, 2020. However, the counsel for the accused sought bail on the grounds that along with the chargesheet, the FSL report was not filed. The Madhya Pradesh police filed a Challan March 7, 2021 and charges were framed on October 16, 2021. However, since the FSL report was not filed, the accused was granted interim bail on February 16, 2024.

The court also issued directions to the Additional Director General of the Police (Narcotics Wing), Madhya Pradesh to file an affidavit enumerating details as to in how many matters the FSL report had not been filed with the Challans and what steps were taken to procure the FSL report at the earliest. On March 30, 2024, the response to the affidavit revealed that out of a total of 24, 169 cases registered under the NDPS Act in Madhya Pradesh, the FSL reports along with Challan have not been filed in 7, 158 cases.

As per the NDPS Act, a Challan needs to be filed within 60 days for cases involving a small quantity and for a commercial quantity, a Challan should be filed within 180 days.The failure could result in default bail.

The court found that in cases where the FSL report was not received, the Challans were filed based on the acknowledgement receipt for the deposit of samples in FSL. After receipt of the reports, the same was submitted in court. This is even though instructions were issued to all officers on March 7, 2024 by the Narcotic Branch of Madhya Pradesh police to submit Challans in courts in NDPS cases only after obtaining FSL Reports.

The Additional Director General of the Police told the court that there has been a delay in receipt of FSL report as FSL unit is experiencing a shortage of manpower in the State. It was stated that the FSL unit under the Madhya Pradesh police is in the process of recruiting 46 laboratory technicians and laboratory assistants. Further, it was told to the court that the department is in the process of upgrading the Forensic Science Laboratory in the State.

However, the court recorded "dissatisfaction" with the affidavit and sought further information vide an order dated July 9, 2024. It sought information on how many posts in the FSL Labs were sanctioned since when those posts were vacant, and why steps were not taken to reinforce the effective investigation making available the manpower.

The response affidavit filed on July 27, 2024 sought to explain the delay because there is a stay on promotion in a matter pending before this court. However, certain information was provided regarding the recruitment made so far.

The court found the information “astonishing” because out of the 505 total sanctioned posts, only 190 are filled and 315 remain vacant. The 2 sanctioned posts of the Additional Director General are lying vacant, out of the 15 sanctioned posts of Junior Director, 14 remain vacant; out of 88 Senior Scientific Officers, 72 remain vacant; for Lab Technician, out of 60 sanctioned posts, 44 remains vacant; for Lab Assistant 87 sanctioned posts, 65 are vacant; for Lab Attendant, out of 59 sanctioned posts, 45 are vacant.

The court noted: “This being the position of manpower available no one can expect submission of FSL reports in time.”

A bench of Justices Maheshwari and Bindal has observed that the situation of FSL labs in many States is in a similar position. In this regard, it observed: “To consider the issue on a larger canvas as this difficulty is being faced throughout the country, we deem it appropriate to appoint Mr. Nikhil Goel, Senior Advocate, to assist the court as amicus, who shall be at liberty to take assistance from any A.O.R.(s). This court will pass an order regarding honorarium to be paid to the learned amicus and A.O.R.(s) later.”

Case details: Bablu Singh v. The State of Madhya Pradesh, SLP (Crl. Appeal) No. 631/2024

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