Color Test in a graft case

[vinod kumar Namdeo]

1. In a graft case the sample solutions(collected in same volume bottles) of phenolapthalein -Sodium carbonate are collected and exhibit the colour as pink, light pink, dark pink and colourless .Is it possible that all the solutions have the SAME pH of 10.0 irrespective of various shades of Pink colour.

2.a) Since the above solutions are an important piece of evidence, is it necessary that the SP of the Police,if posted and present, required to send it to Foresenic Science Laborotary (FSL) under his signature.
b) Can any other person sign on behalf of SP by putting the word “for” if he is actually present in office on that date .

3) While receiving the above sample at FSL can any other person sign in the receipt issued on behalf of the authorised Scientific Officer .

4)a) Is it necessary to keep all the samples and remaining powder in a sealed cover after the trap is over.
b) Is it required for the trap laying officer to handover this to the SP in charge of the division and make entries in the case diary on real time basis.
c) How can the copy of the case diary obtained legally.

5) Is the approval of SP required ,if present, for constituting the Trap team and laying the Trap.(in case when no urgency is involved and if it is a planned trap)

6) Can the same Police Inspector who has received the first compliant letter, issued the DVR and received the DVR and also lodged the Zero FIR single handed ,can also lay trap without the approval of SP even if the other Police Officers were present.

Kindly give the legal advice on the above points .

[Dr. Ashok Dhamija]

As far as I understand, the solution is checked for the presence of phenolphthalein powder (which is applied to the currency notes during trap proceedings) and not for the pH value of the solution. Colour of the solution is a visual indicator of the presence of the phenolphthalein powder.

It is the Investigating Officer who is recognized in the Criminal Procedure Code for the purposes of the investigation. He can take all necessary steps for the investigation. As regards someone else signing for the SP, you have to make enquiries with the concerned organisation itself as to what is contained in their guidelines.

Check from the concerned forensic science laboratory concerned, as to who is authorized to sign while receiving samples. These are procedural matters within an organisation, which can be replied to by that organisation itself, and these are not questions of law which this forum can entertain.

Your question No. 4 is again a procedural question to be answered by the organisation concerned itself. There is no specific law in this regard.

Case diary is a privileged document under law. An accused is not entitled to ask for its copies.

Your questions Nos. 5 and 6 again would have to be answered by the investigation agency itself, if they have any internal guidelines in this regard.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[vinod kumar Namdeo]

Respected Sir ,
Thanks for the valuable reply.
I would like to furthur seek to clarify on the issues.

1. The PC act 1988 is silent on Procedure to be followed in investigation.

2. the present Investigation agency (SPE, Lokayukta) has No written down and approved procedures/guidelines to be followed in the offences committed under section 7 and 13 (1) (d) of the PC Act.

3. If certain procedures followed by the Investigation agencies are NOT as per Criminal Procedure Code (CrPC) and the Evidence collected is not as per Indian Evidence Act.

4. The Procedures followed by the Investigation casts a serious doubt and suspicion on the prosecution story and also manifests the mala fide intention of the Investigation agency in connivance with the complainant.

My Query:

1. Can the legality of such procedures followed by the Investigating agencies be challanged in the court of law if the cognizance of the case has not be taken and charges have not been framed by the Judge.

2. what is the relief available to the accused under such a situation if a prejudice has been caused to him due to above illegality committed by the investigation agency.

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