Central Information Commission
Dr. C.G. Bhattacharya vs Forensic Science Laboratory, Govt. Of ... on 30 January, 2009
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2008/00261/1386
Appeal No. CIC/SG/C/2008/00261
Relevant facts emerging from the Complaint:
Appellant : Dr. C.G. Bhattacharya
A-636 A, Sushant,
Lok-I, Gurgaon - 122009
Respondent 1. : Mr. V.K. Goyal
Director & Public Information Officer Forensic Science Laboratory Govt. of NCT of Delhi (Home Department), Madhuban Chowk, Sector - 14, Rohini, Delhi - 110085 RTI filed on : 17/10/2008 PIO's Reply : 24/10/2008 First Appeal filed on : Not mentioned First Appellate Authority order : Not mentioned Second Appeal filed on : 23/12/2008 Information Sought:
The appellant had sought information from Forensic Science Laboratory, Govt. of NCT of Delhi about the various testing/examining procedures.
Sl. Information Sought PIO's Reply
1. Certified copy of the FSL Report no. The application has been transferred to the 2006/C-1954/5414. DCP(South), Delhi police for sending you a reply.
2. Provide complete details about the use Part-I: The information sought by you of Gas chromatography, Head Space cannot be supplied as it is not covered under Gas Chromatography and Mass section 2(f) of the Act since, it is in the Spectrometry for drug testing at FSL, public domain and can be accessed by you in Rohni and certified copy of the results the relevant and/or over the internet.
in the particular case of the specimens Part-II: The information is exempt from for the said Satyajit Bhattacharya. disclosure under section 8(h) of the Act.
3. Provide standard list of tests for Part-I: The information sought by you cannabis and its different forms such as cannot be supplied as it is not covered under bhang, ganja, charas and marijuana used section 2(f) of the Act since, it is in the in post mortem analysis worldwide, public domain and can be accessed by you in specify the tests among these used at the relevant books and/or over the internet. FSL Rohini and provide a certified copy Part-II & III: The information is exempt of complete record of results of their use from disclosure under section 8(h) of the Act. in the particular case of the specimens for the said Satyajit Bhattacharya.
Not satisfied by the Reply of PIO the appellant filed First Appeal. First Appellate Authority Ordered:
Not mentioned.
Relevant facts emerging during hearing:
The following were present.
Appellant: Dr. C.G. Bhattacharya Respondent: Dr. V.K. Goyal Director Forensic Science lab. & PIO The appellant will be satisfied if he gets the following information:
1. Whether the Public authority has gas chromatography facilities and head space gas chromatography facilities?
2. Whether these were used in the tests carried out on Satyajit Bhattacharya?
3. The copy of the complete file of all tests done on Satyajit Bhattacharya.
4. A certificate that no other tests were carried out in the case of Satyajit Bhattacharya.
5. Tests available for cannabis with the laboratory.
Decision:
The Appeal is allowed.
The PIO is directed to give the information listed on the five points above before 15 February 2009.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 30th January 2009 (In any case correspondence on this decision, mention the complete decision number.)