The Telegraph
Friday , October 1 , 2010
Since 1st March, 1999
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Weed out fake forensic reports: HC

Patna, Sept. 30: Taking note of production of fake Forensic Science Laboratory (FSL) reports to get bail, the Patna High Court today directed the Narcotics Commissioner of India and other officials to plug the loopholes.

It has asked the officials to be present in the court on the next date of hearing to suggest steps to plug the loopholes in the system.

A bench of Justice Anjana Prakash directed inspector general, Patna, inspector general CID, director FSL, Patna to be present on October 29 and explain what steps should be taken to prevent the production of fake Forensic Science Laboratory reports to get bails to those arrested under Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The matter pertains to the arrest of five people under NDPS Act including one father-son duo of Radhe Prasad Chaurasia and Arvind Kumar in a police raid in August 2009.

The police seized 274 kgs of ganja from their possession and booked them under the NDPS Act.

Later, the police filed chargesheet against the two under various sections of the Act.

Arvind Kumar, after the lower court rejected his bail petition, approached the high court for bail citing an FSL report, which said that it was not ganja and hence the high court granted him bail on the same ground.

Later, his father Radhe Prasad Chaurasia filed a bail application on the same ground, which was objected by the Centre’s counsel Dwivedi Surendra, who submitted that the report placed by Chaurasia’s son before the court was fake and hence a fresh report should be sought from the Forensic Science Laboratory director.

On court’s direction, FSL, Patna produced a fresh report, which held it was ganja.

The court, then, directed the chairman of Central Board of Excise and Customs, New Delhi and Narcotics Commissioner of India of Central Bureau of Narcotics to hold a full-fledged inquiry into the matter and submit a report within two months.

The report submitted by the duo, in the court on September 9, raised several irregularities going on in the FSL.

Advocate Surendra submitted that getting bail by producing fake report was rampant phenomenon and cited several such cases pending in various police stations of different districts.

Suggesting a new method of production of test report by Forensic Science Laboratory Patna to the concerned special court, he submitted that the test report should be directly produced in the special court only through fax.

The court also issued showcause notice to Arvind Kumar as to why his bail application should not be cancelled in view of the contradictory two FSL reports.

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