IMPORTANT POINT
The accused have a right to expeditious testing of seized substances under the NDPS Act, and delays in chemical analysis reports can prejudice their rights, particularly concerning bail applications.

ORDER :

THE HONOURABLE MR.JUSTICE C.S.DIAS

Does an accused have the right to seek for the expeditious testing of the seized drugs/substances under the Narcotic Drugs and Psychotropic Substances Act, of 1985?

2. The accused 1 to 4 in Crime No.291/2023 of the Kattoor Police Station, Thrissur, have individually filed these applications under Section 439 of the Code of Criminal Procedure, 1973, to enlarge them on bail. The petitioners were arrested on 6.4.2023.

3. The factual matrix of the prosecution case is that: on 6.4.2023, at around 16.20 hours, 14.84 grams of “MDMA” (methylenedioxy methamphetamine) was seized from the accused 1 to 4 at the residence of the first accused at Pullathara Desom, Karalam Panchayat. The accused were arrested on the spot with the contraband substance and, thereby, they have committed the offences under Sections 20 (b) and 20 (c) of the Narcotic Drugs and Psychotropic Substances Act (in short, ‘NDPS Act’) read with Section 34 of the Indian Penal Code.

4. When the applications came up for consideration on 25.7.2023, this Court, after analysing Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (‘Rules’, for brevity), directed the respondent to file a statement indicating the action taken by the State of Kerala to submit chemical analysis reports of the seized contraband drugs and substances (in short contraband) within the time frame stipulated by the Rules.

5. During the subsequent hearing of the applications on 8.8.2023, it was reported that, as per the chemical analysis report, the contraband allegedly seized from the petitioners is ‘methamphetamine’ and not ‘MDMA’ and is, therefore, of an intermediate quantity as per the Specification of Small and Commercial Quantity of Narcotic Drug or Psychotropic Substance fixed by the Central Government vide. S.O No.1055(E) dated 19.10.2001. Consequently, this Court enlarged the petitioners on interim bail. Nevertheless, the learned Additional Director General of Prosecution was directed to file the statement as ordered on 25.07.2023.

6. Accordingly, on 14.9.2023 the Additional Chief Secretary to the Government of Kerala filed a report, inter alia, stating as follows:

“At present State Forensic Lab and three Regional Forensic Science Laboratories functioning in the State are having sufficient facilities for narcotic examinations. Total number of NDPS cases pending across the State is 1699. The FSL Director reported that all the facilities are available for examination of NDPS cases in the RFSLs. Moreover, the Narcotic Division of RFSL, Thrissur, has been functioning since 2020, which carry out only the examination of Narcotic Substances. A separate floor has been constructed at RFSL, Thrissur for the purpose.

The lack of man power is the major hurdle for speedy disposal of cases including NDPS cases. A comprehensive proposal for creation of 98, including 79 technical posts, in the FSL is under the active consideration of Government. If the above requested posts are sanctioned all the hurdles pertaining to speedy disposal of cases would be settled to a considerable extent.

Since the Hon’ble High Court has expressed huge concern over the delay in examining narcotic cases, the State Police Chief has been requested to examine the possibility of establishing a Lab/converting an existing lab, for the purpose and if necessary, to furnish detailed and comprehensive proposal by incorporating details of the infrastructure facility, total expected expenditure for the project, availability of fund, etc.

In this circumstance, I am to request you to take immediate steps to apprise the above matter before the Hon’ble High Court when the case comes up for hearing.” (emphasis given).

7. Taking into consideration the seriousness of the issue, this Court directed the Additional Chief Secretary to file an affidavit indicating the time period required to implement the matters mentioned in the report dated 14.9.2023.

8. Pursuant to t