SUPREME COURT TO EXAMINE: IS CHARGESHEET INCOMPLETE IN NDPS CASES WITHOUT FORENSIC REPORT? DO STATES HAVE ADEQUATE FORENSIC LABS

The Supreme Court in the case Mohd. Arbaz & Ors. v. State of NCT of Delhi with connected matters observed and has issued notice to the Union Government and all States to address the issue which relates to the establishment of adequate Forensic Science Laboratories by State Governments with adequate number of technical staff which are required to operate such labs.

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In the present case, the court is considering the issue whether chargesheet without the inclusion of Forensic Science Laboratory, FSL or Examiner’s Reports in Narcotic Drugs and Psychotropic Substances Act, NDPS Act can be considered ‘incomplete Report’ under Section 173, the report of police officer on completion of investigation of the Code of Criminal Procedure, CrPC.

The bench comprising of Justice Surya Kant, Justice Sudhanshu Dhulia and Justice Ujjal Bhuyan in the case was dealing with these issues wherein a batch of petitions filed regarding bail to accused persons in various Narcotic Drugs and Psychotropic Substances Act, NDPS cases across the country.

The court stated that the court will hear all states and union territories before issuing any directions in the matter.

The court also stated that this court will also deal with other critical questions which relates to the fairness and efficacy of trials under the Narcotic Drugs and Psychotropic Substances, NDPS Act.