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Showing contexts for: sampling procedures in In Reference (Suo Motu) vs Afjal Khan on 17 May, 2019Matching Fragments
20. After considering the procedures and rules which were produced by the learned Government Advocate to establish the procedure for taking the DNA samples and its preservation, we come to the conclusion that in the present case there is no reason to ignore the DNA profile report Ex. P/25, which is against the appellant. In case of "Santosh Kumar Singh vs. State through CBI, (2010) 8 SCC 747", the Hon'ble Supreme Court has observed as under with regard to the DNA test report :
"We feel that the trial court was not justified in rejecting the DNA report, as nothing adverse could be pointed out against the two experts who had submitted it. We must, therefore, accept the DNA report as being scientifically accurate and an exact science as held by this Court in Smt. Kamti Devi v.
22. We find that the DNA sample has been duly/properly and procedurely taken and kept in safe custody. The procedures were rightly followed as mentioned in (Ex. P/23), (P/24), (P/25). Learned counsel strongly contended to create suspicion about the procedure for obtaining DNA sampling. It is pertinent to note that during cross-examination of Investigating Officer Anil Bajpai (PW-
16) and expert Dr.Anil Kumar Singh (PW-18) and other concerned police personnel, no question has been asked by the counsel for the appellant about the safe custody of the samples and the procedure adopted by them. Such defence cannot be taken for the first time at this stage by the learned Senior counsel for the appellant without showing any cogent evidence to support the contention to create a maze. It was established by the prosecution that when all the sample reached FSL Sagar and RFSL, Bhopal for DNA profile test, they found that the seals were intact. No suggestion was made during cross-examination of Experts from FSL and Police Officials that seals of the package/containers were tampered with. Hence, in our view the genuineness of samples could not be doubted. It cannot be ignored that scientists are eminent persons and that the laboratory is an esteemed institution in the country. Hence, the trial Court has rightly accepted the DNA report. In case of Santosh Kumar Singh vs. State (2010) 9 SCC 747, the Hon'ble Apex Court has held as under: