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Seized drug samples can be fudged, Punjab tells HC
Saurabh Malik
Tribune News Service

Chandigarh, December 18
The Punjab Government has admitted before the Punjab and Haryana High Court that samples of seized contraband can be tampered with. The startling revelation was made by Vini Mahajan, Principal Secretary, Department of Health, during the hearing of a “court on its own motion” case on drug menace.

Appearing before Justice Paramjeet Singh, Mahajan admitted that there was a problem with maintenance of secrecy of samples. These were forwarded by the police authorities after mentioning the FIR number and detailed particulars of the case. The samples were retained at State Chemical Laboratory as such.

Although a board has been constituted by Chemical Examiner to ensure that the samples were not tampered with before analysis, the possibility of tampering during transit from the initial point to chemical laboratory could not be ruled out.

On the positive side, Mahajan also told the court that Rs 3.87 crores had been sanctioned for construction of state chemical laboratory building. Two forensic science medical experts had already been deputed, one of them on a regular basis. Additional experts at the appropriate level were likely to be appointed to cope with the rush. In fact, the candidates with MD in forensic science would be requisitioned for this purpose. Three more posts of analyst have also been sanctioned.

Mahajan The IAS officer also told the court that they have already given consent for handing over the control of State Chemical Laboratory to the Home Department.

Elaborating, she said “material exhibits” in criminal matters were sent for analysis and issuing reports by police or medical officers. As the investigating agencies were under Home Department’s control, the state chemical laboratory, too, was being brought under its purview.

Justice Paramjeet Singh asserted: “This court deems it fit and proper to direct all the concerned that the secrecy of the samples/exhibits should be maintained from the initial stage till it reaches the concerned laboratory where the samples are to be examined. The Home Department shall frame a comprehensive policy regarding maintenance of secrecy….

“The state government is also directed to release the amount already sanctioned for construction of the building of state chemical laboratory forthwith and not later than December 31 in any circumstances as delay in its construction will affect analysis of the samples, consequential investigation and detection of crime and unnecessary advantage to the accused and may also be detrimental to the interests of innocent…."

Justice Paramjeet Singh also directed the appointment of chemists, analysts and more officers with the requisite qualification. “Since a large number of samples are pending analysis, the state government shall make an endeavour to recruit more staff, if not permanently, on a temporary basis… At least, one more post of Assistant Chemical Examiner on a regular basis should be sanctioned….”

The revelations

Maintenance of secrecy of samples was a problem
These were forwarded by police after mentioning the FIR number and case particulars
The samples were retained in the state chemical lab as such
Although a board has been constituted to ensure the samples were not tampered with, possibility of tampering during transit could not be ruled out.

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