Pulling up a Delhi government lab for a “faulty” report, a Delhi court has sent drug samples for re-examination to the Central Forensic Science Laboratory (CFSL) in Hyderabad. The court was hearing the matter after the defence counsel filed an application claiming that an “erroneous” forensic test is of no help during trial.
The case dates back to February, when the Delhi Police’s Special Cell had arrested Nitin Gupta and Hafezuddin in Mahipalpur under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, for possessing 1.5 kg of heroin each. From the recovery, two samples — A and B — were taken and sent to a forensic lab in Rohini. The police filed a chargesheet in the case in August.
The defence counsel, after reading the lab reports, filed an application to consider re-examination of the samples.The issue, defence counsel Worso Zimik said, was that the Delhi FSL report showed both the drug samples under one exhibit, A1, while the report of exhibit B1 was missing. Zimik, Hafezuddin’s counsel, said: “Exhibit had to be A1 and B1 for samples A and B respectively. However, in the report, both the samples were grouped together under one exhibit, which was erroneous.”
Additional Sessions Judge (ASJ) Ajay Pandey said the FSL report is a fundamental document to support the case of the prosecution, and to “bring home” any charges against the accused in an NDPS case. “An erroneous FSL report on the face of it is of no help in the trial of the case… There could not have been two parcels under exhibit A1. FSL report is therefore erroneous,” the judge said.
The police had, in its FIR, stated that both samples seized from the accused were found to be heroin. ASJ Pandey said that from the FSL report, it cannot be “verified” what tests were conducted by the public analyst and what the “response of the samples” was, which made the public analyst arrive at the conclusions mentioned in the report.