HC directs State to ensure Forensic Science Laboratories submit chemical analysis report within time frame laid down under Rules

The Madurai Bench of the Madras High Court has directed the State government to ensure that State/Regional Forensic Science Laboratories in Tamil Nadu, in NDPS Act cases, submit the chemical analysis report within the time frame laid down under Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.

Justice N. Anand Venkatesh directed the Additional Chief Secretary to the Home Department and the Director of Forensic Science Laboratory, Chennai, to ensure that the Rules were followed in all cases and issue necessary circular.

The court observed that the Rule mandates that the laboratory should submit a report to the Jurisdictional Magistrate with a copy marked to the Investigating Officer within 15 days from the date of receipt of the sample. The laboratory was obliged to submit the result of the qualitative test of the sample within 15 days from the date of receiving the sample and the result of the quantitative test within the maximum period of 30 days from receiving the sample.

The nature of contraband that was seized and the quantity involved can be determined ultimately only after receiving the report from the Forensic Science Laboratory, the court observed.

In case of failure of the laboratory to submit the report within the period stipulated under Rule 14, then the person accused of an offence would be at liberty to file an application before the jurisdictional court for a direction to the laboratory to expeditiously conduct the test. On such an application being filed, the jurisdictional court shall direct the laboratory to expeditiously conduct the test and submit the report as mandated under Rule 14, the court said.

The court was hearing a petition seeking bail filed by J. Mani who was accused of possession of 100 grams of Magic Mushrooms (Psilocybin) in Kodaikanal in Dindigul district. The petitioner said that a case was foisted against him. There was no previous case against him. He was arrested and remanded in judicial custody on August 17.

The court took into account that in the present case, after the contraband was seized and handed over to the trial court with a requisition to forward it to the Forensic Science Laboratory in August, till date, the report had not reached the court or the police. There was a violation of the mandate prescribed under Rule 14, the court said and granted interim bail to the petitioner.

Published - November 19, 2024 08:09 pm IST