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SUPREME COURT REPORTS
and labeling and to prove the continuity of the integrity of the
samples, the messenger or bearer will have to testify in Court that
what he had received was sealed and delivered in the same
condition in the laboratory. The laboratory must certify that they
have compared the seals and found them to be correct. Articles
should always be kept apart from one another after packing them
separately and contact be scrupulously avoided in transport also.”
61. In the present case, the delay in sending the samples is
unexplained and therefore, the possibility of contamination and the
concomitant prospect of diminishment in value cannot be reasonably
ruled out. On the need for expedition in ensuring that samples when
collected are sent to the concerned laboratory as soon as possible, we
may refer to “Guidelines for collection, storage and transportation of
Crime Scene DNA samples For Investigating Officers- Central Forensic
Science Laboratory Directorate Of Forensic Sciences Services Ministry
Of Home Affairs, Govt. of India”7 which in particular reference to blood
and semen, irrespective of its form, i.e. liquid or dry (crust/stain or spatter)
records the sample so taken “Must be submitted in the laboratory without
any delay.”
62. The document also lays emphasis on the ‘chain of custody’
being maintained. Chain of custody implies that right from the time of
taking of the sample, to the time its role in the investigation and processes
subsequent, is complete, each person handling said piece of evidence
must duly be acknowledged in the documentation, so as to ensure that
the integrity is uncompromised. It is recommended that a document be
duly maintained cataloguing the custody. A chain of custody document
in other words is a document, “which should include name or initials of
the individual collecting the evidence, each person or entity subsequently
having custody of it, dated the items were collected or transferred, agency
and case number, victim’s or suspect’s name and the brief description of
the item.”
63. Indisputably, these “without any delay” and “chain of custody”
aspects which are indispensable to the vitality of such evidence, were
not complied with. In such a situation, this court cannot hold the DNA
Report Ext.85 to be so dependable as to send someone to the gallows on
this basis. We have carefully perused FSL as well as DNA report forming
part of the record. A snapshot of the said reports, in a tabulated format
is presented as under :
7
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[2023] 8 S.C.R.
Av a i l a b l e a t - h t t p : / / c f sl c h a n di g a r h. go v. i n / U p l o a ds / M e d i a / O r i gi n a l
20180627121024_IO-SOP%20Final.pdf
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