The Supreme Court has sought responses from the Union Government and all States concerning the establishment and staffing of Forensic Science Laboratories (FSLs). This inquiry addresses whether a chargesheet in NDPS (Narcotic Drugs and Psychotropic Substances) cases is incomplete without an FSL or Examiner’s Report, as outlined in Section 173 of the CrPC.
A bench comprising Justice Surya Kant, Justice Sudhanshu Dhulia, and Justice Ujjal Bhuyan is set to handle multiple petitions related to bail for accused individuals in various NDPS cases. The court aims to consult all states and union territories before making any decisions, focusing on the fairness and efficacy of trials under the NDPS Act.
Central to this discussion is the current status of FSLs, the appointment of necessary technical staff, and the mechanisms for the timely submission of FSL/Examiner’s Reports. This follows the Supreme Court’s earlier directives in the Union of India v. Mohan Lal & Anr. case, which emphasized proper handling and storage of seized narcotic substances.
Key directions from the Mohan Lal case include:
- Seized substances must be promptly forwarded to the nearest police station officer or an empowered officer under Section 53 of the NDPS Act.
- Magistrates should promptly authorize applications for handling seized substances as per Section 52A(ii) of the NDPS Act.
- Secure storage facilities must be established by Central and State Governments, with designated officers ensuring security to prevent theft, pilferage, or replacement of drugs.
- The Drugs Disposal Committees are responsible for disposing of seized drugs in police storage.
The Supreme Court also instructed the Chief Justices of High Courts to appoint Committees of Judges to oversee and monitor the States’ compliance with these directives.
On Thursday, the Supreme Court issued notices to the Union of India, all States, and Union Territories, with a return date of August 29, 2024. Notices regarding interim bail requests by accused individuals were also issued, to be addressed on the same date.
A previous petition had already been referred to a three-judge bench, raising the issue of whether an FSL report is mandatory with the chargesheet under the NDPS Act. This matter will be revisited on August 29, 2024, at 3:00 PM.
