Supreme Court Directs ADG (Narcotics Wing) of MP to Report Cases Where FSL Reports Aren’t Filed with Challans in NDPS Cases


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Published on: February 20, 2024 at 12:30 IST

Expressing dissatisfaction with the State of Madhya Pradesh for failing to submit the Forensic Science Laboratory (FSL) report along with the Challan in a Narcotic Drugs and Psychotropic Substances (NDPS) case, the Supreme Court has directed the Additional Director General of Police (Narcotics Wing) to provide information through an affidavit.

The affidavit should detail the number of cases where the FSL report was not filed with the challan and explain why necessary steps were not taken promptly to obtain the report.

Additionally, the affidavit should outline the policy decisions and measures taken by the state to acquire the FSL report expeditiously. The court has set a one-month deadline for filing the affidavit.

We further direct that the Additional Director General of Police (Narcotics Wing), who is dealing with the matters relating to Narcotics in the State of Madhya Pradesh, shall file an affidavit before this Court that in how many matters, the FSL report has not been filed along with the challan. It be also explained by him that without having FSL report, why the challan is being filed; and why due steps have not been taken to procure the FSL report at the earliest though the Forensic Science Laboratory is situated at Sagar in Madhya Pradesh itself. The affidavit shall further explain that what are the steps taken to procure the FSL report at the earliest by way of policy decision of the State Government.,” the Court order stated.

In the ongoing case, the petitioner, accused under various sections of the NDPS Act, raised the issue that the FSL report was not filed with the chargesheet. The Court noted the State’s admission that the report had not been submitted.

“During hearing, on being asked by the Court, whether the FSL report has been filed or not, learned counsel contends that it has not been filed.”

Taking note of this, the Court granted interim bail to the petitioner and directed the State to submit the required affidavit. The case will be listed again after the affidavit is filed.

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