Reports of State Forensic Science Laboratory is admissible in evidence under section 293 Cr.PC said the Allahabad high court and also stated that calling the director of the laboratory is not required.
The appeal was of a Spain national accused under the NDPS Act which was being heard by justice Ajai Kumar Tyagi of Allahabad high court.
Facts of the case-
The issue came up when the police found 10 kg Charas from the trolley bag of the accused and after the recovery of Charas when the police tried to attempt a personal search of the accused, he was given an option to be searched before a gazette officer to which the accused said he was okay with the police personal search only and also gave the written consent for the same.
After the search 100 gm of sample was sent to the forensic science laboratory of Varanasi.
It was submitted before the court by the accused that he was not offered any choice of being searched before a gazette officer under section 50 of the NDPS act, 1985.
However, the court observed that when it comes to personal search then only section 50 of the act is attracted and not in any other search or recovery and in the present case the police didn’t acted on any sort of prior information and the 10 kg of Charas was recovered from his trolley bag and not in personal search. Hence, section 50 of the NDPS act, 1985 was not in contravention.
The court further added that the report of State Forensic Science Laboratory under section 293 of Cr.PC is admissible as evidence and there’s no need of calling the director of the laboratory for approval. The report clearly stated that the material recovered is Charas.
Therefore, the court came to the conclusion that the conviction of the accused is reasonable & must be sentenced by the trial court.
References
2) https://www.barandbench.com
3) https://www.indialegalive.com
