Disposed

Utpal Sarkar @ Shiba v. State of West Bengal

Calcutta HC13 Mar 2023CRM (NDPS)/698/2022

Case brief

AI extract

What is this about?

In an in camera motion regarding delayed forensic investigations, the Court directed the Union of India to notify government scientific experts proposed by NIBMG under BNSS 2023. The State was directed to create SOPs with timelines for narcotic and rape case forensics and submit reports on filling vacancies in forensic labs.

What did the court decide?

Directing the State to formulate an SOP with timelines for forensic reports and direct the Union of India to notify scientific experts under Section 329(4) of BNSS, 2023.

Utpal Sarkar @ Shiba Vs State of West Bengal — Writ and Judicial Review | Calcutta HC (2023)

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22.08.2024 ASSIGNED MATTERS Sl. Nos.1 to 8 akd W.P.A. 22702 of 2011 with C. R. M. 17348 of 2010 with C. R. M. 6429 of 2012 with C. R. M. 8396 of 2019 with C. R. M. (DB) 348 of 2024 with C. R. M. (NDPS) 698 of 2022 with W.P.A. 12660 of 2012 with W.P.A. 9822 of 2012

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[In Re : The Court in its own motion letter dated 19.12.2011 from Joint Secretary]

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Mr. Kallol Guha Thakurta… Petitioner [in person]

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Mr. Imtiaz Ahmed Mrs. Ghazala Firdous Mr. Mofakkerul Islam Sk. Sahidullah Mr. Debopam Roy Mr. Mithun Mondal Md. Arsalan

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… … for the petitioner [in CRM (DB) 348/2024]

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Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor … … for the State [in WPA 22702/2011 CRM 17348/2010, CRM 6429/2012, CRM 8396/2019, CRM (DB) 348/2024, WPA 12660/2012 & WPA 9822/2012]

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Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor

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Mr. Dipankar Paramanick

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Mr. Rajdeep Majumder .. Dy. Solicitor General of India Mr. Amajit De Mr. Anish Kumar Mukherjee

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Learned Deputy Solicitor General of India submits pursuant

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to our direction vide order dated 19.07.2024 the Director, National Institute of Biomedical Genomics ( hereinafter

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referred to as ‘NIBMG’ ) has proposed the names of Dr. Sagar Sengupta, Prof. Arindam Maitra, Prof. Analabha Basu, Prof. Kartiki V. Desai, Dr. Saroj Kant Mohapatra, Dr. Priyadarshi Basu, Dr. Bhaswati Pandit, Dr. Srikanta Goswami, Dr. Souvik Mukherjee, Dr. Samsiddhi Bhattacharya, Dr. Moulinath Acharya, Dr. Nidhan K. Biswas, Dr. Arvind Korwar, Dr. Sandeep Singh, Dr. P. B. Raghvendra & Dr. Dilip Kumar for appointment as Government scientific experts under Section 329(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( hereinafter referred to as ‘BNSS, 2023’ )

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We are informed the proposal has been forwarded to the Home Ministry for necessary steps.

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By our earlier order we had requested the Principal Secretary, Ministry of Home Affairs to take up the issue with the Principal Secretary, Department of Science & Technology so that forensic facilities in research and educational institutions like NIBMG may be utilized for conducting forensic steps during criminal investigation which is one of the foundations of the new criminal law.

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In order to utilize the knowledge and the expertise of the faculty at NIBMG it is necessary that the scientists who have been proposed by the Director, NIBMG be notified as Government scientific experts and their services be utilized for state of the art forensic investigation particularly in the area of DNA forensics.

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In view of the aforesaid, we direct the Union of India to submit a report on the adjourned day with regard to steps taken for notification of the aforesaid experts as Government scientific experts under Section 329(4) of BNSS, 2023. Union

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of India shall also suggest in the report the names of research/educational institutions viz. Indian Institute of Technology (IIT), Kharagpur and Indian Institute of Science Education and Research (IISER), Kalyani whose expertise and faculty may be utilized for forensic investigation in cyber forensics etc. for effective implementation of the provisions of BNSS, 2023.

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State is also directed to file a comprehensive report on the adjourned day with regard to filling up vacancies in the State Forensic Laboratories and road map with regard to ramping up of existing forensic facilities in the State laboratories to meet the requirements under BNSS, 2023 which emphasis on use of forensics in criminal investigation. State shall also explore possibilities of utilising facilities in State run or funded research/educational institutions to aid State Forensic laboratories to meet the growing need for forensic investigation in cyber forensic, DNA analysis etc.

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It is common knowledge due to restrictions under Section 37 of the NDPS Act and delay in obtaining forensic reports with regard to narcotic samples, undertrials continue to languish in jail for long periods.

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To address this issue, we direct the State to formulate a Standard Operating Procedure (SOP) for investigation including a timeline for obtaining forensic reports of narcotic samples, conclusion of such reports and prompt submission of charge sheet. SOP shall identify persons responsible for compliance of the timeline and lay down an inbuilt mechanism for affixing responsibility when the timeline is breached. In the event of breach of such timeline due to

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indolence of persons responsible, the superior authority shall take necessary steps in accordance with law.

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Similar timeline be also fixed with regard to obtaining forensic reports in other investigations including rape cases which call for prompt conclusion of investigation and trial under law.

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Reports by the Union of India and the State shall be filed on the adjourned day.

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Let the matters appear on 19.09.2024 .

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(Gaurang Kanth, J.)

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(Joymalya Bagchi, J.)

Utpal Sarkar @ Shiba v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Utpal Sarkar @ Shiba v. State of West Bengal

Case brief

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What did the court decide?

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