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2017 (2) TMI 471

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....companying substances in suspected samples, determine the purity and the possible origin of illicit drugs, carry out drug-related research, particularly on new sources of drugs liable to abuse, and, when required by the police or courts of law, provide supportive expertise in drug trafficking cases. Their role in the effective implementation of the mandate of the NDPS Act is indispensible which is why every State or region must have proximate access to these laboratories so that samples collected for the purposes of the Act may be sent on a timely basis to them for scrutiny. These samples often form primary and clinching evidence for both the prosecution and the defence, making their evaluation by narcotics laboratories a crucial exercise. ....

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....arakhand 1 0 28. West Bengal 1 2 Union Territories 1. Andaman and Nicobar Islands 1 0 2. Chandigarh 0 0 3. Dadra & Nagar Haveli 0 0 4. Daman & Diu 0 0 5. Lakshadweep 0 0 6. NCT of Delhi 1 0 7. Puducherry 0 0   Total 28 52   19. A qualitative and quantitative overhaul of these laboratories is necessary for ameliorating the present state of affairs, for which, we are issuing the following directions: 19.1 The Centre must ensure equal access to CFSLs from different parts of the country. The current four CFSLs only cater to the needs of northern and some areas of western and eastern parts of the country. Theref....

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....nbsp; Shortage of staff is bound to hamper with the smooth functioning of these laboratories, and hence, we direct the Directorate of Forensic Science Services, Ministry of Home Affairs to address the same on an urgent basis. 23. Further, steps must be taken by the concerned departments to improve the quality and expertise of the technical staff, equipment and testing laboratories. F. Re-testing provisions 24. The NDPS Act itself does not permit re-sampling or re-testing of samples. Yet, there has been a trend to the contrary; NDPS courts have been consistently obliging to applications for re-testing and re-sampling. These applications add to delays as they are often received at advanced stages of trials after significant elapse....