Punjab & Haryana HC Irked Over Budget Restraint Argument For Maintaining Forensic Labs, Directs State Govt. To Furnish Details Of Expenses

The High Court made such observations while considering a bail plea of an accused booked under Sections 21-C, 27-A and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985.

The Single-Judge Bench of Justice Sandeep Moudgil asserted, “By no stretch of imagination, the State could take a stand of shortage of funds or budget allocation for the purpose which is involved in the instant petition i.e. to investigate crime before this Court wherein otherwise also there is patently huge amount is spent.”

Advocate Amardeep Singh represented the Petitioner while Assistant Advocate General Jaspal Singh Guru represented the Respondent.

Factual Background

On an earlier occasion, during the course of the hearing, a dispute about the date on which the petitioner-accused was taken into custody was raised at the behest of the petitioner through his counsel. It was alleged that the petitioner was taken into custody on September 14, 2023, from the house of one Mohit Sharma but in the records, he was shown to be arrested on September 16, 2023. This assertion was supported by the CCTV footage and a CD.An affidavit came to be filed by the Deputy Superintendent of Police stating that the said CD and the pen drive were deposited in the Central Forensic Science Laboratory, Chandigarh for analysis.

The Court was dismayed to know that in Punjab the facility to examine the CD or any other video clip is not available either in FSL, Mohali or at the other 4 RFSLs situated at Mohali, Amritsar, Bathinda and Ludhiana. Subsequently, another status report was filed highlighting that the project for upgrading three Regional Testing Forensic Science Laboratories and one Chemical Examiner Laboratory in the State of Punjab was analysed and is underway. The Court was again apprised that the necessary equipments are still not available. The State was directed to file an affidavit of the Home Secretary with the comprehensive schedule and action plan for upgradation of FSL, Mohali as well as RFSLs situated at Bathinda, Amritsar and Ludhiana.

Arguments

The State Counsel was duly assisted by the Director of Forensic Science Laboratory, Punjab, who assured the Court that by the next date of hearing, the equipments will be ready to verify the genuineness and veracity of CCTV footage or clips. He also intimated that the process for the other three RFSLs could not be initiated for lack of funds/budget allocation.

Reasoning

The Bench, at the outset, remarked, “This Court cannot accept such response from the Director, Forensic Science Laboratory, Punjab wherein budget requirement and sanctioning of the same could have been expedited within a few hours or in a couple of days had the State Government shown its willingness to armour itself with the modern investigative/scientific techniques, especially, in this digital and artificial intelligence era.”

Highlighting how the inordinate delay in filing chargesheet results in providing undue leverage and advantages to the accused, the Bench emphasized that law enforcing agencies are required to be equipped with all necessary facilities.

“Hence, the State Government, through its Chief Secretary is directed to furnish a detail of expenses met out in this running financial year i.e. from 01.04.2024 till 20.1.2025 on the publication of the advertisements qua the performance and achievements of the Government and the new vehicles purchased for the police officials. Necessary information to be furnished within a period of one week from today by way of an affidavit of Chief Secretary, Government of Punjab”, the Bench ordered.

Cause Title: Vinay Kumar v. State of Punjab (Case No.: CRM-M-15579-2024 (O&M)

Appearance:

Petitioners: Advocates Amardeep Singh, Ankur Jain

Respondents: Assistant Advocate General Jaspal Singh Guru

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