3,051 NDPS samples pending in forensic labs

As per the provisions of the NDPS Act, the forensic science laboratories have to analyse samples within 15 days. Whereas in Punjab it takes over six months in getting an NDPS sample tested. The Punjab and Haryana High Court has taken cognizance of the situation.

A division bench comprising Justices SK Mittal and HS Sidhu said, “For courts one of the biggest problem is that FSL report is not coming. A sample should come after tests in a stipulated time.” As a result, a number of accused in NDPS cases are languishing in jails for an inordinate period without facing any trial.

The laboratories used to receive around 100 NDPS samples per month for testing in 2011. However, a total number of 360 NDPS samples were received in these laboratories last month.

Official data of these two laboratories for the last seven months reveal that they had received an average of 480 NDPS samples for testing per month and could analyse on an average 383 such samples per month which amounts to further increase in the pending samples.

The High Court had also taken suo motu notice of the large pendency of NDPS samples in Punjab, Haryana and Chandigarh laboratories last year and had issued various directions to both the states and the Chandigarh administration to come up with some more forensic science laboratories to cut down on pending tests. The court had observed that in most of the pending NDPS cases, challans and forensic reports are not being presented by the police and the forensic laboratories in time.

During the resumed hearing of the case on Thursday, Punjab’s additional advocate general Guarav Garg Dhuriwala informed that the state government would establish three regional forensic science laboratories in Amritsar, Ludhiana and Bathinda by November. He also informed that requisite steps are being taken to fill up all the vacancies in the two existing laboratories.

Haryana’s additional advocate general Sandeep Moudgil submitted that there was a pendency of 148 NDPS cases pending in its only forensic science laboratory at Madhuban, Karnal. However, he assured the
court that within a month two more such laboratories would start functioning at Gurgaon (Bhondsi) and Rohtak (Sonaria). The court was informed that the proposal for establishing forensic science laboratories at Panchkula and Hisar are under government’s consideration.

Chandigarh administration informed the court that it is upgrading the existing examination facilities at its Central Forensic Science Laboratory and also introducing new ultra-modern techniques after which the laboratory would be able to prepare reports in stipulated period.