The Delhi High Court was left surprised when it was informed that there was no narco test machine in the national capital and directed the AAP government to procure one such equipment and make it operational within three months.
Justices Hima Kohli and Manoj Kumar Ohri directed the government that steps to procure the machine for the Forensic Science Laboratory (FSL) in northwest Delhi's Rohini be initiated with immediate effect.
It was also told that persons, on whom narco test was required to be conducted, have to travel from Delhi to Gandhi Nagar in Gujarat for undergoing the procedure.
The court was hearing a habeas corpus petition by a man seeking to trace his four-and-a half-year-old son who was missing since August 4 last year.
The police mentioned in its status report that consent for undergoing narco test was taken by the mother and sister of a juvenile, who was last seen with the minor victim. However, a date was yet to be scheduled for them to travel to Gujarat for undergoing the test.
The bench was informed by Delhi government standing counsel (criminal) Rahul Mehra that the two persons have to travel to Gujarat as no such facility was available with the FSL, Rohini.
"We are surprised to hear the said submission. Delhi, being the capital of the country, we would have expected that at least one such facility would have been available with the FSL Rohini, Delhi, instead of making persons travel from Delhi to Gandhi Nagar, Gujarat, for undergoing a narco test," it said.
Mehra said the high court was monitoring the upgradation of facilities at the FSL in Delhi in some other petition and it was due to the orders passed in that case that steps have been taken by the government to procure a brain-mapping machine. However, a narco test machine has yet to be procured.
To this, the bench said, "If steps have not been taken so far by the state government to procure a narco test machine for the FSL, Rohini, then it is directed that the same shall be initiated with immediate effect. The machine for a narco test shall be procured and made operational within three months from today (January 9)."
The court also said since there was an urgency in the matter as the four-and- a half-year-old child of the petitioner has been missing, the director of FSL, Gandhi Nagar, is directed to give the shortest possible date, preferably within one month for conducting the narco test on the mother and sister of the juvenile.
It also asked the police to file a fresh status report by the next date of hearing on February 13 and directed that a copy of this order be forwarded by the court Registry to the Delhi principal secretary and the director of FSL, Rohini, for perusal and compliance.
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