LI Network
Published on: December 23, 2023 at 12:31 IST
The Delhi High Court has dismissed the issuance of bailable warrants against the Deputy Commissioner of Police (DCP) (Crime), emphasizing that delays in obtaining Forensic Science Laboratory (FSL) reports do not imply negligence on the part of the police authorities.
The Court highlighted the independence of the Forensic Science Laboratory (FSL), beyond the control or supervision of the Delhi Police, preventing officers from expediting the reports.
Justice Amit Bansal stated, “Even on merits, delay in obtaining FSL reports in a timely manner would not tantamount to negligence on behalf of the Police Authorities. It needs no reiteration that FSL is an independent body and in no way under the control or supervision of the Delhi Police. Therefore, it is not in the hands of Delhi Police to obtain reports from FSL in an expeditious manner.”
The petition to quash orders issued by the Special Judge (NDPS) was filed by the DCP (Crime) after bailable warrants were issued against them.
The judge had summoned police officials due to non-compliance after a chargesheet was filed without the FSL report.
The court criticized the summoning of senior police officials, noting its impact on their regular work.
The bench argued that calling senior police officials to court disrupts their regular duties, and the routine issuance of bailable warrants adversely affects their reputation and service records.
The judge’s directives for the personal presence of various police officials and the issuance of bailable warrants against the DCP (Crime) were deemed unjustified and lacking legal authority.
In conclusion, the court allowed the petition and set aside the directions for the issuance of bailable warrants.
Case Title: State (NCT Of Delhi) v Shadab
