PANAJI
The Bombay High Court at Goa has asked the Director-General of Police to file an affidavit detailing why the proposed forensic laboratory set up by the Goa Police at Verna is not fully functional and incapable of testing most narcotics drugs thus allowing the accused to avail of ‘in default’ bail.
Hearing a petition filed by one Michael Okafor, a Nigerian national who is under trial for drug-related offences, the Court found that the Director of the Laboratory was giving evasive replies and excuses when asked why the laboratory was yet to be fully operational despite assurances before the High Court.
“As usual, the assurances which were given to us earlier are far from complied with. Waghmare (Director of Forensics Laboratory) is only interested in giving us reasons as to why there is no full-fledged laboratory in this State or in any case why the full-fledged laboratory is unable to function in any manner. This time, the affidavit points out that certain foreign agencies are involved and therefore the delay. Each time, different reasons are stated before us only to avoid compliance with the solemn assurances given to us,” the High Court observed.
“Since, we were not satisfied with the progress made by Dr (Narayan) Waghmare on this vital issue we intended to require the Secretary of the concerned Department to file a detailed affidavit before us giving us the precise timeline in which the laboratory, if established, will be fully functional. Therefore, we direct the Director-General of Police to file a detailed affidavit before us latest by 21.09.2021. This affidavit should take into account all the affidavits previously filed and the assurances contained therein. The affidavit should now state clearly the date by which the laboratory will become fully functional,” the High Court said.
In October last year, the Goa government gave an undertaking that the laboratory would be ready in three months.
In October last year, Okafor approached the Court saying that his right to a free, fair and speedy trial was being denied on account of a not working laboratory which forced the Goa Police to send samples to the CFSL Hyderabad and resulted in inordinate delays in the reports to arrive.
“We get an impression that though the laboratory facilities are made available, the testing of most Narcotics Drugs and Psychotropic Substances is not possible for want of “standard samples” which are necessary for such tests. Further, we get a distinct impression that this process of procuring standard samples is delayed mainly on account of bureaucratic red tape,” the High Court bench of Justice M S Sonak and M S Jawalkar, said.
“It is quite unfortunate that though the NDPS Act entered into force in 1985 and there are several prosecutions launched under this Act in the State of Goa, till date there are no proper facilities for testing the seized materials. As a result, the prosecutions are delayed, suspects “ by default are released on bail, and suspects then flee from justice. Thus the very operation of the NDPS Act is frustrated on account of the non-availability of proper facilities in the State of Goa itself. This is an extremely sorry state which should have been redressed by the authorities with a greater sense of urgency and responsibility,” the Court observed.
The lab was set up in 2013 yet even after seven years of its establishment, the GFSL is capable of only testing mainly substances like charas and ganja, and that too since the year 2019.
