Hariom @ Chhotu Raikwar (Kevat) vs The State Of Madhya Pradesh
2022 Latest Caselaw 961 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC-45232-2021
     Hariom @ Chhotu Raikwar (Kevat) Vs. State of MP and anr.

                     Through video conferencing

Gwalior, Dated : 20.01.2022

        Shri Deepak Shrivastava, Counsel for the applicant.

        Shri A.K. Nirankari, Counsel for the State.

        In compliance of previous order of this Court, a fresh affidavit

of Director General of Police, State of Madhya Pradesh, Bhopal has

been filed along with enquiry report dated 08.01.2022 prepared by

Additional Director General of Police, PTRI, Police Headquarters,

Bhopal.

2.      This report reveals shocking state of affairs in RFSL, Sagar.

The most shocking aspect of the matter is that the Inquiry Officer has

given a specific finding that the Director, State FSL, Sagar had

submitted false affidavit dated 08.12.2021 before this Court.

3.      Before considering the other findings given by the Inquiry

Officer, this Court thinks it apposite to consider the enquiry report to

the effect that Smt. Harsha Singh, Director, State FSL, Sagar had

submitted false affidavit before this Court.

4.      On 09.12.2021 Smt. Harsha Singh, Director, State FSL, Sagar

had submitted her affidavit dated 08.12.2021. Paragraphs 5 and 6 of

the said affidavit read as under:-

                "5. That, in response to the reminder
         instructions received from Police Headquarters (Vide
         letter no. PU.MU./Sa.Ma.Ni./Budget/46/2021 Bhopal
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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC-45232-2021
     Hariom @ Chhotu Raikwar (Kevat) Vs. State of MP and anr.

         dated 29.6.21) (Please see enclosure. 2) for this
         financial year (2021-22) the proposed demand list of
         essential kits and other consumables was submitted to
         Police Head Quarters vide letter from Director FSL on
         29.6.21 vide our letter dated FSL/Stores/174/2021.
         (Please see enclosure. 3) in person to Addl. Director
         General of Police, Technical Services, Bhopal on
         30.6.21.
               6.      That as per instructions received from
         Addl. Director General of Police, Technical Services,
         Bhopal, the same list along with their technical
         specifications and after approval of departmental
         Technical committee was sent again to PHQ on
         19.7.21     vide     letter   from    Director   FSL
         FSL/Stores/193/21 dated 19.7.21. (Please see
         enclosure. 4)."

5.      However, in the enquiry report, it has been mentioned that the

letter dated 29.06.2021 referred in paragraph 5 of the affidavit and

letter dated 19.07.2021 referred in paragraph 6 of the affidavit were

never sent by Director, State FSL, Sagar and Smt. Harsha Singh by

filing those documents before this Court has created a situation of

confusion. It is also mentioned that since, there were certain lapses in

specifications sought to be submitted along with these letters,

therefore, they were taken back by Smt. Harsha Singh.

6.      Under these circumstances, where the Additional Director

General of Police, PTRI, Police Headquarters, Bhopal in his report

dated 08.01.2022 has clearly given a finding that letters which were

never sent to the office of ADG, Technical Services were placed

before this Court, this Court is of the considered opinion that it
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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC-45232-2021
     Hariom @ Chhotu Raikwar (Kevat) Vs. State of MP and anr.

appears to be a clear attempt on the part of Smt. Harsha Singh,

Director, State FSL, Sagar to mislead this Court on oath. This Court

is already considering the non-availability of consumables and kits

required for conducting DNA test in RFSL, Sagar and at the same

time, the Officers, instead of correcting their mistakes, have gone to

the extent of misleading the Court by filing false affidavit.

7.      Accordingly, issue notice to Smt. Harsha Singh, the then

Director, State FSL, Sagar, as to why she may not be punish for

contempt of Court for having filed false affidavit dated 08.12.2021

before this Court.

8.      Office is directed to register a separate case. Issue Notice to

Smt. Harsh Singh, the then Director, State FSL, Sagar. The notices

shall be served through the Director General of Police, Bhopal.

9.      Office is directed to list the contempt case along with present

case on 07.02.2022.

10.     Another shocking fact which has been revealed in the enquiry

report,    is that when a surprise inspection was conducted on

01.11.2021

and 20.11.2021, then the autosomal STR kits and Y-STR

kits were found. Accordingly, the same were seized on 24.12.2021

and were got tested and it was found that those were contaminated

and were not fit for DNA test. Apart from that, it was also found that

the additional kits which were not purchased by the department were

THE HIGH COURT OF MADHYA PRADESH MCRC-45232-2021 Hariom @ Chhotu Raikwar (Kevat) Vs. State of MP and anr.

used unauthorizedly on run genetic analyzer. From the month of April

to August, unauthorized kits were found which were run on genetic

analyzer. Even the Incharge DNA Lab, Mr. Pankaj Shrivastava had

admitted about the said fact. When it was inquired from Additional

Director General of Police, Technical Services, then he informed that

the vendor of the product (SF kit) in formed that they are cheap and

are in accordance with the Indian population and, accordingly,

direction has been given to ascertain the fitness of said

unauthorizedly purchased kits. It is also mentioned that Mr. Pankaj

Shrivastava had run four kits without any permission from the Senior

Officer and has also not submitted his report to the Senior Officer,

which is indicative of the gross misconduct. A detailed report has

also been given about the delay in purchasing the consumables and

kits.

11. It is also merely shocking that in the financial year 2019-2020

consumables and kits were purchased, but in the financial year 2020-

2021, no consumables and kits were purchased. It is mentioned that

since sufficient stock was available and due to Covid-19 Pandemic,

purchases were not made, as a result, in the financial year 2020-2021,

the stock was constantly decreasing and Incharge Director, FSL,

Sagar did not realize the importance of diminishing stock and thus

did not complete the proceedings within reasonable time. It is really

THE HIGH COURT OF MADHYA PRADESH MCRC-45232-2021 Hariom @ Chhotu Raikwar (Kevat) Vs. State of MP and anr.

shocking that in the year 2019-2020, only 1222 tests were conducted

whereas in the year 2021, 3623 cases and from the month of April,

2021 till December, 2021, i.e., 9 months, 3312 tests were conducted.

Why only 1222 tests were conducted in the year 2019-2020

specifically when the DNA report plays an important role in

adjudicating the involvement of the accused in a criminal case,

specifically in the light of the judgment passed by the Supreme Court

in the case of Hemudan Nanbha Gadhvi Vs. State of Gujarat

reported in (2019) 17 SCC 523. Thus, it is clear that the RFSL, Sagar

was not functioning properly and they were completely negligent in

discharge of their duties. If they can conduct 3623 DNA tests in the

financial year 2020-2021, then why only 1222 tests were conducted

in the financial year 2019-2020 ? There is no answer to this question

in the enquiry report. Furthermore, when no purchases were made in

the financial year 2020-2021 and the stock was diminishing at a high

speed, then it appears that only for the first time, on 12.05.2021

budget was submitted for allotment. It is also mentioned that the

Additional Director General of Police, had sanctioned Rs.40,00,000/-

on 28.05.2021 and the Director, FSL, Sagar was directed to submit

the technical specifications within a period of 10 days. However, the

Technical Committee did not submit the technical specifications

within time and reminders were sent from the office of Additional

THE HIGH COURT OF MADHYA PRADESH MCRC-45232-2021 Hariom @ Chhotu Raikwar (Kevat) Vs. State of MP and anr.

Director General of Police, Technical Services. It is also mentioned

that the specifications submitted by the Director, FSL, Sagar by her

letters dated 29.06.2021 and 19.07.2021 were not upto the technical

specifications, therefore, they were returned for resubmitting the

same with necessary amendments. The Director, FSL, Sagar could

have purchased the raw material after taking permission from the

Police Headquarters, but that was not done. It is also mentioned that

the RFSL, Sagar instead of taking serious steps for purchase of

consumables and kits, had adopted the delay tactics. Further, the

DNA kits and consumables were already exhausted in the month of

August, 2021. In the month of September, 2021, only 151 tests were

conducted, out of which 32 tests were conducted on priority basis in

the light of the letters written by the District Court and the

Superintendent of Police, whereas only 119 tests were conducted on

regular basis. Thus, it is also informed that RFSL, Sagar was guilty of

not giving preference to those cases in which the test reports were

sought by the Superior Courts.

12. Under these circumstances, it is clear that not only, the sub-

standard unauthorized kits were used by RFSL, Sagar, but no attempt

was made to procure consumables and kits required for conducting

DNA test and delay tactics were adopted by the Director, RFSL,

Sagar. Enquiry Report is completely silent on the issue that under

THE HIGH COURT OF MADHYA PRADESH MCRC-45232-2021 Hariom @ Chhotu Raikwar (Kevat) Vs. State of MP and anr.

what circumstances, unauthorized kits were procured by RFSL,

Sagar. The enquiry report as well as the affidavit of Director General

of Police is completely silent on the issue as to whether this conduct

of Director, RFSL, Sagar and Incharge DNA Unit has resulted in any

corruption or is punishable under the Prevention of Corruptions Act

or not ? Use of unauthorized kits would have certainly adversely

effected the result. This Court has found that in various cases, the

report was submitted that very low uninterpretable "Y" male

chromosomes were found. It is possible that this might be the direct

consequence of use of unauthorized kits. Affidavit is also silent on

the issue as to whether this conduct of RFSL, Sagar in submitting

defective reports on the basis of defective unauthorized contaminated

kits will also be an offence under the Penal Code or any other statutes

or not ?

13. Accordingly, the Director General of Police, State of MP,

Bhopal, is directed to submit his supplementary affidavit along with

entire documents of procedure adopted by Director, State FSL, Sagar

as well as Mr. Pankaj Shrivastava for procuring unauthorized kits.

14. Let the supplementary affidavit be filed latest by 05.02.2022.

15. List this case on 07.02.2022.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.01.22 12:36:10 +05'30'