Supreme Court to Scrutinize NDPS Chargesheets: Is a Forensic Report Essential for Completeness

The Supreme Court of India has issued a notice to the Union Government and all State Governments regarding the establishment and adequacy of Forensic Science Laboratories (FSLs). This notice is part of a broader examination of whether chargesheets in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act can be deemed incomplete if they lack Forensic Science Laboratory (FSL) or Examiner's Reports.

The court, comprising Justices Surya Kant, Sudhanshu Dhulia, and Ujjal Bhuyan, will address these concerns in a series of petitions related to bail applications for accused individuals in NDPS cases nationwide. The Supreme Court has proposed to hear from all states and union territories before making any directives.

In addition to the primary issue of FSL report inclusion, the court will consider other critical aspects affecting the fairness and efficiency of trials under the NDPS Act. These include the establishment of sufficient FSL/Examiner laboratories by state governments and the appointment of necessary technical staff to operate them. The Court has emphasized the importance of assessing the current status and mechanisms in place for the timely submission of these crucial reports.

This scrutiny follows the Supreme Court’s earlier directions in the case of Union of India v. Mohan Lal & Anr. (2016), which mandated proper handling and storage of seized narcotic substances. The 2016 judgment outlined several key directives, including:

- Seized substances should be forwarded to the nearest police station or an authorized officer under Section 53 of the NDPS Act, who should then approach the Magistrate with an application under Section 52A(ii), to be approved expeditiously.

- Sampling of seized substances must be conducted under Magistrate supervision.

- Central and State Governments should establish secure storage facilities for seized drugs to prevent theft or pilferage.

- Disposal of seized drugs in police storage should be managed by Drugs Disposal Committees as per the court’s directions.

The Supreme Court has also requested the Chief Justices of High Courts to appoint committees to oversee and monitor state compliance with these directives. On Thursday, the Court directed the Registry to issue notices to the Union of India, all State Governments, and Union Territories, with a return date set for August 29, 2024. Additionally, notices regarding interim bail requests by the accused have been issued for the same date.

This case, involving Special Leave to Appeal (Crl.) No(s). 8164-8166/2021, with connected matters titled Mohd. Arbaz & Ors. v. State of NCT of Delhi, will be heard on August 29, 2024, at 3:00 PM.