In a recent hearing for a bail application, the Madhya Pradesh High Court has embarked on a groundbreaking study to investigate the feasibility of utilizing forensic botany, soil testing, DNA sampling, and other scientific tools in tracing the cultivation origins of contraband substances in Narcotic Drugs and Psychotropic Substances (NDPS) cases.
Justice Anand Pathak, presiding over the hearing, emphasized the pressing need for mechanisms to prevent false allegations and ensure that cultivators of contraband substances face legal consequences. Advocates highlighted the potential of pollen grain and spore analysis, known as palynology, in detecting the origin of psychotropic substances.
The court posed hypothetical scenarios regarding DNA sampling, pollen grain analysis, satellite monitoring, ground sampling, soil testing, and marker detection to ascertain the source of cultivated contraband. Collaboration with institutions such as the National Forensic Science University, Gandhi Nagar, was suggested to leverage expertise in NDPS-related matters. Notably, previous court directives emphasized the importance of investigating apex perpetrators/main accused in NDPS cases.
A case example involving Mukesh Meena, accused of offenses under the NDPS Act, was discussed, with experts from Rajmata Vijyaraje Scindia Agricultural University and the Indian Council of Agricultural Research supporting soil testing and DNA sampling concepts. The court emphasized the necessity of utilizing scientific tools to effectively investigate NDPS cases, particularly in tracing the cultivation origins of substances like opium and ganja.
Even if contraband isn’t recovered from the accused, the feasibility of concluding previous cultivation on specific land should be explored. Lawyers representing both the applicant and the state were present during the proceedings, demonstrating the legal community’s interest in this innovative approach. This initiative reflects the Madhya Pradesh High Court’s commitment to leveraging scientific advancements to address complex legal issues and ensure justice prevails.
Leave a Reply