The Supreme Court has issued a notice to the Union Government and all States, addressing the necessity for adequate Forensic Science Laboratories (FSL) with sufficient technical staff. This step arises from concerns regarding whether chargesheets in Narcotic Drugs and Psychotropic Substances (NDPS) cases can be deemed incomplete under Section 173 of the Criminal Procedure Code (CrPC) if they lack FSL or Examiner’s Reports.
The bench, comprising Justices Surya Kant, Sudhanshu Dhulia, and Ujjal Bhuyan, is examining multiple petitions related to bail for accused individuals in various NDPS cases nationwide. On Thursday, the Court proposed to hear input from all states and union territories before issuing directives. Additionally, the Court will address other critical issues regarding the fairness and efficiency of NDPS trials.
One key issue is the establishment of sufficient FSL/Examiner Laboratories by State Governments, along with the hiring of necessary technical staff. The Court stressed the need to evaluate the current status of these laboratories and the procedures for the timely submission of FSL/Examiner’s Reports.
The Court also highlighted the importance of reviewing the states’ compliance with earlier directives from the 2016 case, Union of India v. Mohan Lal & Anr., (2016) 3 SCC 379. In the Mohan Lal case, the Supreme Court had issued several directions for the proper handling and storage of seized narcotic drugs and psychotropic substances, including sampling under Magistrate supervision and secure storage facilities.
On Thursday, the Supreme Court directed the Registry to issue notices to the Union of India, all States, and Union Territories, with responses due by August 29, 2024. Notices were also issued regarding interim bail pleas from the accused, returnable on the same date. The matters are scheduled for hearing on August 29, 2024, at 3:00 PM.
It is noteworthy that in March this year, a two-judge bench referred to a three-judge bench another petition questioning whether an FSL report is required to be filed with the charge sheet under the NDPS Act.
