On November 13, a Supreme Court Special Bench led by Justice Suryakant, along with Justices Sudhanshu Dhulia and Ujjal Bhuyan, addressed the issue of whether an accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act is entitled to default bail if the Forensic Science Laboratory (FSL) report is not submitted with the chargesheet within the stipulated timeframe.
Key Highlights
Rights of the Accused: Justice Suryakant emphasized the need to consider the irreversible consequences on the accused’s rights when an FSL report is delayed. He questioned the protective measures for the accused’s rights in such scenarios.
Legal Provisions and Gaps: Under Rule 14 of the NDPS Rules, 2022, the FSL report should be submitted within 15 days from the sample’s receipt. However, the rule does not address the consequences of non-compliance, leaving a legal gap on this critical issue.
Balancing Interests: The bench discussed the need for a balanced approach that protects the rights of the accused while safeguarding the state’s interest in combating drug-related crimes, highlighting the NDPS Act’s significant national impact.
Administrative Issues: The Court flagged issues like inadequate laboratory facilities across states, resulting in delays. Citing a lack of compliance with 2013 Supreme Court directions in Thana Singh v. Central Bureau of Narcotics, the Court urged states to address laboratory shortages and ensure timely processing of NDPS cases.
Forensic Training and Resources: Concerns were raised about the availability of specialized training for forensic experts involved in drug analysis, and the need for a pan-India approach to tackle delays and ensure uniformity across states.
Directions and Next Steps
Formulating Questions: The Court directed both parties to draft questions that clarify the irreversible consequences and mandatory nature of procedural compliance for safeguarding both the accused’s and prosecution’s interests.
Upcoming Hearing: The matter is scheduled for a hearing on December 11.
Background
The reference arose from conflicting interpretations in previous cases, particularly the Delhi High Court’s denial of default bail for non-provision of the FSL report. Given the varied judicial perspectives, the Supreme Court has referred the issue to a larger bench to determine the legal standard for default bail eligibility under the NDPS Act.
Jagdish Singh v. State of West Bengal, SLP No. 3850 of 2023
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