The court ruled that the absence of ballistic evidence linking the firearm to the crime necessitates the granting of bail, emphasizing the critical role of timely forensic reporting in criminal justice.

JUDGMENT :

1. Mrs. Vandana Dadel, at present holding the post of Principal Secretary Department of Home, Government of Jharkhand and Mr. T. Kandasamy Director, Forensic Science Laboratory, Ranchi have appeared in person in pursuance of the order dated 03.03.2025.

2. The Court has directed on the basis of the affidavit filed on her behalf on 01.03.2025 regarding the issue of interaction about the situation of pending samples awaiting for its final report from the laboratory which is available in annexure-B issued under the Signature of Director, Forensic Science Laboratory, Ranchi, as contained in letter No.240/Go dated 28.02.2025. The said letter is having with the tabular chart showing the cases received, cases disposed and cases pending.

3. It appears from the said tabular chart from 2015 to 2019 whatever cases have been received all have been disposed of showing the number of cases under the caption head “cases pending” as ‘o’ (zero). The situation seems to be worse from the year 2020 till 2024 and even up to 27.02.2025 wherein the number of pending cases have been shown to be 188, 335, 459, 567, 1700 and 846 up to 27.02.2025 and the total cases pending has been shown to be 4095. The number of pending cases is in increasing rate. The situation has become more worse in year 2024 with a number of pending cases have gone upto 1700.

4. We are now at the era of new criminal laws where the report from the F.S.L. has been said to be mandatory. The question which shocks the conscience of this Court that even if the number of pending cases of year 2020 which is 188, will be disposed of as of now, then what will be its effects, since, after the lapse of more than four years, there is no possibility to have the justifiable report, since, in the matter of the laboratory test under the Forensic Science Laboratory, time is the essence. The more time will be allowed to expire, the sample will lost its sanctity for the purpose for which the report has been sought for by the Investigating Agency and that is the main concern of the Court.

5. We have seen in so many judgments that in the matter of POCSO or N.D.P.S. or any nature of crimes where the Investigating Agency has sent the samples to the F.S.L., the report is coming under the conclusive part that either the D.N.A. profile could not have been generated or the force of sample has lost its sanctity due to lapse of time.

6. The Secretary Home has also seen and has admitted the aforesaid fact by saying that after the enactment of new criminal laws, the F.S.L. report is having more concern in the matter of trial. Although, the new criminal laws have been enacted, but even prior to the same the sanctity of report used to be considered by the investigators and that is the reason, Forensic Science Laboratory has been established by incurring huge public money, but due to the pending cases as is being shown from 2022 to 27.02.2025, this Court is constraint to observe that the purpose for which, Forensic Science Laboratory has been established is not making sense in fulfilling its object.

7. The Secretary, Home has submitted that the reason is the shortage of workforce. It has been contended that the advertisement for fulfilling the vacant posts in the F.S.L. for the 26 posts of Assistant Director, 32 posts of Scientific Assistant, 3 posts of Viscera Cutter and 11 posts of Lab Attendants are vacant. It has been stated by the Secretary, Home that the advertisement although was floated during the time when the State of Jharkhand has come out with a recruitment rule, but the same has been challenged by one Sushil Hansda by filing a