P&H HC Raps Punjab Govt For Claiming Budget Restraint For FSL Tools, Seeks Details On Funds Spent In Advertisement & Buying Vehicles For Police

The Punjab & Haryana High Court has asked Punjab Government to give detail on funds spent on publication of the advertisements and new vehicles purchased for the police officials.

The Court said response from the Director, Forensic Science Laboratory, Punjab, that there is serious budget restraint for purchasing new tools necessary for investigation is "not acceptable."

Justice Sandeep Moudgil said, "the State Government, through its Chief Secretary is directed to furnish a detail of expenses met out in this running financial year i.e. from 01.04.2024 till 20.1.2025 on the publication of the advertisements qua the performance and achievements of the Government and the new vehicles purchased for the police officials. Necessary information to be furnished within a period of one week from today by way of an affidavit of Chief Secretary, Government of Punjab."

The judge also said that, by no stretch of imagination, the State could take a stand of shortage of funds or budget allocation for the purpose to buy modern technology tools for FSL inorder investigate crime wherein "otherwise also there is patently huge amount is spent."

Justice Moudgil highlighted that there is inordinate delay in filing challans which finally results into providing undue leverage and advantages to accused only in these circumstances, law enforcing agency is required to be equipped with all necessary facilities.

The development came while hearing a regular bail  in drugs case wherein the date of arrest was disputed. Counsel for the petitioner argued that the accused was taken into custody  on September 14, 2023 but on records it was shown that the arrest was made on September 16, 2023.

Consequently, the Court had asked the State Counsel to file status report, after looking into the allegations against the police team and also to test the veracity of CD placed before the Court.

The Court "was at a dismay to know that in Punjab the facility to examine the CD or any other video clip is not available either in Forensic Science Laboratories (FSL), Mohali or at the other 4 Regional FSLs situated at Mohali, Amritsar, Bathinda and Ludhiana."

It further noted the Regional FSLs including FSL situated at Mohali do not have the facility of audio, video identification system and video spectral comparator, mobile firing rest system and photography set up with digital SLR with PC Compatibility.

An affidavit was filed in August, 2024 by Secretary, Government of Punjab, Department of Home Affairs and Justice stating that all the four established FSLs/RFSLs are being upgraded but the Court found to be a "farce."

In November, 2024 the Court was again apprised that the necessary equipments are still not available though the required process is under way and the State was directed to file an affidavit of the Home Secretary with the comprehensive schedule and action plan for upgradation of FSL, Mohali as well as RFSLs.

In December, 2024 the Director, FSL, Mohali stated that tender notice inviting bid will be published within a week and the meeting for technical specifications discussions were made in November regarding purchase of forensic hardware and software and sought one month's time on December 11.2024.

On January 21, an affidavit was filed by Dr. Ashwani Kalia, Director, FSL and submitted that the necessary process for buying equipments for verifying the genunity and veracity of CCTV footage or clips in FSL and RFSLs will be completed within a period of four weeks.

When the Court expressed dissatisfaction with the submission of Direction he "further came out with one more amazing plea that there is serious budget restraint to purchase the equipments for the rest of three RFSLs", said the Court.

"This Court cannot accept such response from the Director, Forensic Science Laboratory, Punjab wherein budget requirement and sanctioning of the same could have been expedited within a few hours or in a couple of days had the State Government shown its willingness to armour itself with the modern investigative/scientific techniques, especially, in this digital and artificial intelligence era," said the judge.

The matter is listed for January 29, for further consideration.

Title:  VINAY KUMAR  v. STATE OF PUNJAB

Mr. Amardeep Singh, Advocate for the petitioner(s). in CRM-M-15579-2024.

Mr. Ankur Jain, Advocate for the petitioner in CRM-M-19581-2024.

Mr. Jaspal Singh Guru, AAG, Punjab

 Click here to read/download the order