The High Court of Karnataka has suggested to the State and Central governments to have a separate Forensic Sciences Laboratory (FSL) in Karnataka to analyse narcotic drugs and contraband articles seized in offences registered under the Narcotic Drugs and Psychotropic Substances Act, 1985.
The court also suggested that the State government provide field test kits to all police stations, if not already provided for spot testing of seized substances, and asked the State Public Prosecutor to make an endeavour to persuade the authorities.
Justice K. Natarajan passed the order while rejecting the bail plea of 27-year-old Arjav Deepak Mehtha, who was arrested in November 2020 by Jeevan Bhima Nagar police in Bengaluru city when he was receiving a parcel from the postman.
He was accused of placing order for banned substance Lysergic acid diethylamide (commonly known as LSD) through dark web from Netherlands by making payment through cryptocurrency. About 3.95 gm of LSD was recovered from the parcel.
It was contended on behalf of the accused that the investigating officer did not conduct field test and the result of the chemical analysis of the seized substance was not received within 15 days as per the guidelines of the Narcotic Crimes Bureau.
On the other hand, the police pointed out to the court that State had only one FSL for analysis of all types of materials seized in criminal cases and hence, the report of the analysis could not be expected in 15 days due to huge pendency in FSL. However, the court said guidelines of NCB to have FSL report is not mandatory but is directory in nature and it is not possible to get report on seized substances within 15 days unless there is a separate FSL for NCB and offences registered under NDPS Act.
The court said guidelines issued by NCB on field testing of substances and securing report from FSL in 15 days apply to Drug Law Enforcement Officers but in the present case, the offence is registered by the ordinary police and not by special police or sleuths of NCB.
