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R.K. Kapoor, Advocate Versus Union of India & Ors

2017 (2) TMI 471 - SUPREME COURT OF INDIA

Narcotics laboratories - Re-testing provisions - it is imperative to define re-testing rights, if at all, as an amalgamation of the above-stated factors. Further, in light of Section 52-A of the NDPS Act, which permits swift disposal of some hazardous substances, the time frame within which any application for re-testing may be permitted ought to be strictly defined. - Decision in the matter of Thana Singh Vs. Central Bureau of Narcotics [2013 (1) TMI 590 - SUPREME COURT] followed - Writ Petitio .....

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drugs for abuse and their accompanying substances in suspected samples, determine the purity and the possible origin of illicit drugs, carry out drug-related research, particularly on new sources of drugs liable to abuse, and, when required by the police or courts of law, provide supportive expertise in drug trafficking cases. Their role in the effective implementation of the mandate of the NDPS Act is indispensible which is why every State or region must have proximate access to these laborato .....

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Hyderabad In operation 3. Kolkata In operation 4. Delhi (Under Central Bureau of Investigation) In operation 5. Bhopal Being established 6. Pune Being established 7. Guwahati Being established 18. Similarly, numbers for the state and Regional Forensic Science Laboratories (FSL) are as follows:- Sl.No. Name of State Existging State Facilities Main State FSL Regional FSL 1. Andhra Pradesh 1 9 2. Arunachal Pradesh 1 0 3. Assam 1 0 4. Bihar 1 1 5. Chhattisgarh 1 2 6. Goa Being established 0 7. Gujar .....

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Daman & Diu 0 0 5. Lakshadweep 0 0 6. NCT of Delhi 1 0 7. Puducherry 0 0 Total 28 52 19. A qualitative and quantitative overhaul of these laboratories is necessary for ameliorating the present state of affairs, for which, we are issuing the following directions: 19.1 The Centre must ensure equal access to CFSLs from different parts of the country. The current four CFSLs only cater to the needs of northern and some areas of western and eastern parts of the country. Therefore, besides the thr .....

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ision as to the numbers of such laboratories would depend on the backlog of cases in the state. 20. The above mentioned authorities must ensure adequate employment of technical staff and provision of facilities and resources for the purposes of proper, smooth and efficient running of the facilities of forensic science laboratories under them and the Laboratories should furnish their reports expeditiously to the agencies concerned. 21. The Directorate of Forensic Science Services, Ministry of Hom .....

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aboratories, and hence, we direct the Directorate of Forensic Science Services, Ministry of Home Affairs to address the same on an urgent basis. 23. Further, steps must be taken by the concerned departments to improve the quality and expertise of the technical staff, equipment and testing laboratories. F. Re-testing provisions 24. The NDPS Act itself does not permit re-sampling or re-testing of samples. Yet, there has been a trend to the contrary; NDPS courts have been consistently obliging to a .....

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