Madurai: The Madras High Court on Monday directed the state government to issue the necessary circular to ensure that the state/regional forensic laboratories lodge chemical analysis report in cases under the NDPS Act before the court of jurisdiction, within the time prescribed in Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Taking of Evidence and Disposal) Rules, 2022.
Justice N Anand Venkatesh observed that Rule 14 requires the chemical laboratory to submit a report to the jurisdictional magistrate, with a copy marked to the investigating officer, within 15 days from the date of receipt of the evidence. The laboratory is obliged to present the result of the qualitative test of the sample within 15 days of the date of receipt of the sample and the result of the quantitative test within a maximum of 30 days of receipt of the sample.
The judge observed that the nature of the contraband being seized and the quantity involved, can only be ultimately determined after receiving the report from the forensic laboratory. Therefore, Rule 14 of the above Rules has been interpreted in a mandatory manner and the time frame prescribed under that Rule has been made mandatory.
The judge observed that the Kerala high court, while considering the scope of Section 37 of the NDPS Act and the mandate under Rule 14, issued certain directions. This Court wishes to keep this case as a test case and adopt the procedure which was followed by the Kerala High Court. The judge therefore directed the Additional Chief Secretary of the Home Department and the Director of the Forensic Science Laboratory, Chennai to ensure that the State/Regional Forensic Science Laboratories in the State submit the chemical analysis report within the time prescribed in the Rule. 14.
If the laboratory fails to submit the report within the time prescribed under Rule 14, then the person accused of an offense would be at liberty to file an application before the court of jurisdiction for a direction to the concerned laboratory to expeditiously conduct the test. . Upon such application, the court of jurisdiction shall order the laboratory concerned to expeditiously conduct the test and submit the report as provided in rule 14. Necessary circular shall be issued in this regard to ensure that this mandate is complied with in all cases in entire tamil. Nadu, the judge directed.
The court passed the order granting bail to J Mani, who was arrested by the Kodaikanal police in Dindigul district for possession of 100g of magic mushrooms (Psilocybin).
In the present case, after the contraband was picked up and handed over to the court with a request to send it to the forensic laboratory in August, until now, the report has not reached the court. Therefore, prima facie, there is a breach of mandate under Rule 14, the judge observed.