Form SOP with timeline for probe & forensic sample collection: HC
Kolkata: The Calcutta High Court, on Thursday, directed the state to formulate a standard operating procedure (SOP) with a specified timeline for investigation and obtaining forensic samples in rape and narcotic cases for the prompt conclusion of probe and trial.
During the hearing of a matter relating to strengthening of forensic sciences to effectively implement provisions under Bharatiya Nyay Suraksha Sanhita (BNSS), the Bench of Justice Joymalya Bagchi and Justice Gaurang Kanth, on Thursday, in its order, directed the state to ramp up facilities including exploring possibilities of utilising state-run and funded educational and research institutions in the arena of forensic probe.
Further, the court directed the state to submit a report on formulating an SOP with a specific timeline for investigation in narcotic cases, particularly with regard to an outer limit for the forensic test of narcotic samples forwarded to the forensic laboratories and collection of reports and prompt submission of chargesheet. The court observed that due to restriction under Section 37 of NDPS Act and delay in obtaining forensic reports with regard to narcotic samples, undertrials continue to languish in jail for longer periods. Additionally, the court directed that the SOP shall also identify persons responsible for compliance with the timeline and an inbuilt procedure for seeking an explanation when the timeline is breached. “In the event such a timeline is breached due to the indolence of the person responsible, the superior authority shall take necessary action in accordance with law,” it was stated.
“Similar timelines may also be fixed with regard to obtaining forensic samples in probe relating to rape cases which call for prompt conclusion of investigation and trial under law,” it was added. The state was also directed to file a compliance report on filling up vacancies in state forensic laboratories.
It was suggested that institutions in Bengal that are run by the Centre be used for cyber forensics.
“Calcutta University also has a good Chemistry laboratory and the professors can be notified as government experts,” suggested Justice Bagchi. The Union government was directed to submit a report on steps taken for notification of a certain number of experts, suggested by the director of National Institute of Biomedical Genomics, as ‘government scientific experts’ under Section 329 (4) BNSS. Earlier, the court had directed the Centre to notify the NIBMG as a Central forensic sciences laboratory and its scientists as government scientific experts.
