Punjab & Haryana High Court to set up panel to probe Forensic Labs, cites alarming delays in preparation of FSL reports

The Punjab and Haryana High Court recently expressed concern over the “alarming” delay in the examination of forensic evidence in criminal cases [Vinit Yadav v. State of Haryana]..To address this issue, the Court is also slated to constitute three-member Committees to look into the functioning of Forensic Science Laboratories (FSL) in Punjab and Haryana..Justice Manjari Nehru Kaul was dealing with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in which the Madhuban FSL took nearly six months for a chemical examination, despite the matter being labelled as a “priority case."“This delay is not an isolated incident but exemplifies the recurring problem of delayed FSL reports in Forensic Science Laboratories across both the States of Punjab, Haryana and U.T. of Chandigarh,” the judge observed..The Court further stressed on the pivotal role that FSL reports play in criminal cases, particularly in those involving the recovery of contraband.It remarked the entire case in NDPS Act matters hinges on the Chemical Examiner’s report. Therefore, undue delays in getting FSL reports not only impede the investigation but also prolong trials, thus impinging upon the fundamental right to speedy trial, the Court said. “Merely being a passive observer to these recurrent issues would constitute a failure of the constitutional duty of this Court,” Justice Kaul added..Thus, the Court said it deems it expedient to constitute a Committee of three members each in Punjab and Haryana to look into the functioning of FSLs, particularly with regard to the delay and lapses noticed by the Court in multiple cases.“The mandate of the Committee would include identification of underlying administrative and technical causes leading to delays in the preparation and submission of reports by the FSL. The Committee will recommend remedial measures to fast track and streamline the entire process, for timely preparation and submission of reports by the FSL,” the bench said..Accordingly, it directed the Advocates General of Haryana and Punjab to submit, in sealed cover, the names of three senior Indian Administrative Service (IAS) and three senior Indian Police Service (IPS) officers who could be members of the Committee to be constituted.The Court took notice of the issue in a bail matter, where the accused was a professional psychiatrist and was accused of illegally operating a drug de-addiction Centre. The accused had been granted default bail by the trial court after prosecution’s application for an extension to time to complete investigation was rejected.The State of Haryana then moved the High Court against the grant of default bail to the accused. .From the record, the Court found that the accused had simultaneously pursued his petitions for default bail before the High Court and the trial court. The accused was also found to have concealed this fact before the trial court. “Notably, the accused effectively disguised a petition for default bail as a regular bail before this Court. Such conduct reflects a calculated attempt to manipulate legal proceedings for personal advantage, which is both reprehensible and deserving of condemnation,” the High Court opined..On the question of default bail, Justice Kaul said the Supreme Court has made it clear that there was no absolute bar on cancelling default bail on merits. Thus, the Court proceeded to look into the merits of the case and found the accused was allegedly involved in the illicit distribution of narcotics without possessing any valid licence.“Such a transgression alleged against a medical practitioner would not only violate the settled medical ethics but also would significantly contribute to proliferation of drug addiction and substance abuse in society, thereby posing substantial risks to both individual well being and the community at large,” observed the Court..In view of the same, the Court found it a fit case for cancellation of default bail and directed the accused to surrender before the trial court on March 7. Advocates Raktim Gogoi, Kunal Sharma, S Vinod represented the accused, Vinit Yadav. Deputy Advocate General Chetan Sharma represented the State of Haryana..[Read Order]