Whalesbook
Forensic Failure Leads to ₹10 Lakh Payout
The Madhya Pradesh High Court has ordered the state to pay ₹10 lakh to a businessman who spent 57 days in jail. Airport security had wrongly identified common spices as heroin and MDEA. The court ruled that inadequate forensic facilities and testing delays at Bhopal airport caused the unjust detention.
The businessman, Ajay Singh, was arrested in May 2010 after an Explosive Trace Detector (ETD) machine flagged his luggage, which contained branded garam masala and aamchur powder.
Ordeal from Airport to Jail
Singh's troubles began at Bhopal airport as he was traveling to Malaysia. The ETD alert led to his arrest under the Narcotic Drugs and Psychotropic Substances Act. Initial tests at the Regional Forensic Science Laboratory (RFSL) in Bhopal could not confirm the presence of illegal substances. Samples were then sent to the Central Forensic Science Laboratory (CFSL) in Hyderabad. On June 30, 2010, the CFSL confirmed the absence of illicit drugs, leading to Singh's release on July 2, 2010, after nearly two months in custody.
Court Mandates Compensation and Inspection
After his release and the filing of a closure report by police, Singh sought compensation for his illegal detention, mental anguish, and reputational harm. He argued that the ETD machine often produced false positives with common food items. The High Court agreed, noting that ETD alerts are only initial indicators and require prompt verification. The court concluded that the State's insufficient forensic infrastructure caused significant delays in accurate identification, leading to the prolonged detention. Citing a violation of Article 21, the High Court ordered the state government to pay the compensation within three months and directed inspections of all RFSLs to ensure they are properly equipped and staffed to prevent future injustices.
Improving Forensic Infrastructure
This case highlights the urgent need for modernized and reliable forensic infrastructure. Over-reliance on potentially inaccurate equipment like ETDs, combined with slow confirmatory testing, creates a risk of severe injustice. The High Court's order for facility inspections signals broader concerns about the state's scientific examination capabilities, essential for criminal justice and protecting individual liberties. The awarded compensation emphasizes the seriousness of the state's failures in this instance.