PANAJI
Is the operationalising of the Goa Forensic Science Laboratory (GFSL) at Verna being deliberately delayed in order to enable those accused in narcotics cases to apply for and be granted ‘in-default’ bail?
The Bombay High Court at Goa certainly seemed to suggest so while expressing its deep disappointment at the ‘sorry state of affairs’ especially since, in the words of the High Court, the state is showing absolutely no urgency in making the lab operational.
In the absence of a laboratory within Goa, samples are sent to CFSL Hyderabad and can take as long as a year for the report to return. In the interim, those who are arrested are granted bail by default owing to the delay by the authorities.
“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 MS Sonak and MS 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 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 greater sense of urgency and responsibility,” the Court observed.
“For the present at least, we would not like to accept that this delay is deliberate and for extraneous considerations. However, if such position continues, further probe will become necessary,” the Court said.
Dr Narayan Waghmare, the Director of Forensic ScienceLaboratory at Goa, (GFSL) had filed an affidavit before the Court enlisting the reasons why the lab was not operational.
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 only.
The High Court didn’t spare the director of the laboratory, either.
“The Director of GFSL seems to carry an impression that as long as he is able to explain how the files/proposals keep moving from table to table in bureaucratic circles, his responsibility to ensure that the GFSL is fully functional is over. The affiant was certainly expected to be proactive on this issue and not rest content by simply explaining the movement of files in the bureaucrat circles and thereafter almost plead helplessness,” the High Court said.
“None of the officers or authorities accept any responsibility for such delay. The entire object appears to be to shift the responsibility from one officer to another or rather from one table to another and rest content that they are actually doing something to make this GFSL functional. There was inordinate delay in establishing the GFSL. After the GFSL was established in the year 2013, till date, it is not in a position to test most of the drugs and psychotropic substances. According to us, this delay coupled with insensitivity is quite callous and it is high time that someone assumes serious responsibility for making the GFSL functional in all respects,” the High Court said.
The GFSL however gave an undertaking before the court that it will try and ensure that the laboratory is functioning within a period of three months, which the court took on record as an undertaking.
“Since, there is no choice, we accept this statement of Dr.Waghmare as an undertaking to this Court. We direct all concerned to ensure that such standard samples are procured as expeditiously as possible and maximum within a period of three months from today,” the High Court said.
The High Court also directed the Director of prosecution file an affidavit by December 1, 2020 indicating the status of pending matters under the NDPS Act.
