'Lack Of Effort To Send Samples For Forensic Examination Indicates Collusion Between Police & Accused': P&H High Court

The Punjab and Haryana High Court has held that a consistent failure on the part of investigating authorities to send forensic samples for examination indicates collusion between the police officials and the accused. The Court observed that the scientific evidence in all cases should be collected at the earliest, and all the samples must be sent to FSL, without any delay.

The Court was hearing a criminal revision petition filed by the accused challenging the order of the trial Court directing him to provide a blood sample for DNA profiling and comparison. During the course of proceedings, the Court examined the steps taken by the investigating agency in collecting and forwarding forensic evidence.

The record showed that samples, including saliva, clothes of the prosecutrix and sample seals were initially sent to the forensic laboratory on 23.04.2021, but were returned due to objections raised by the laboratory. The samples were again deposited thereafter; however, despite objections being raised again, no further steps were taken to send the samples back to the forensic laboratory.

The Court took note of the cross-examination of ASI Sewa Singh, which revealed that after the samples were returned, they were neither properly re-sent nor pursued for forensic examination. The Court found that there was a complete lack of diligence in ensuring that scientific evidence was processed in a timely manner. It noted that the prosecution had rightly moved an application for obtaining the blood sample of the accused in this context.

On examining the sequence of events, the Court found that despite multiple opportunities, the investigating agency failed to take effective steps to ensure forensic analysis. It observed that no efforts were made after 27.04.2021 to send the samples to the forensic laboratory.

The Court observed that the consistent failure to send samples for forensic examination suggested an “unholy collusion” between the police officials and the accused.

Accordingly, the High Court directed the Director General of Police, Chandigarh, to depute an IPS officer to conduct an enquiry into the matter and conclude the same within two weeks from receipt of the order. It further directed the DGP to issue necessary instructions to all investigating officers to ensure the timely collection of scientific evidence and prompt dispatch of samples to forensic laboratories in future cases.

Case Title: Sameeruddin v. State of U.T. Chandigarh [CRR-1025-2021 (O&M)]