State Of Uttaranchal & Anr vs Sunil Kumar Vaish & Ors on 16 August, 2011
"....... this Court has explained the importance of
ensuring that the FSL form is duly sent with the sample
for testing. .....It is normal procedure that when the
incriminating articles are seized and are required to be
sent to the Central forensic Science laboratory, those
articles are immediately sealed and deposited at the
Malkhana at the police station till they are taken out and
sent to the Laboratory. In the instant case, this was not
done. Contemporaneously with seizure and sealing of
such articles, impression of seal used on the seal is put
on a form, commonly called, the CFSL form. This is so
done because at the time of analysis of sealed packets in
the laboratory, the analyst concerned is able to tally seal
impressions on sealed packets with those appearing on
the CFSL form in order to rule out any possibility of
tampering of seals on sealed packets after seizure
FIR No. 70/07 Page No. 7 of 10
State vs. Sunil
anywhere or in transit till receipt in laboratory. The
importance of the CFSL form thus cannot be
overemphasized because this document provides a
valuable safeguard to an accused to ensure that no
tampering has been done during intervening period. The
CFSL form is a document or forwarding note
accompanying a sample sent by the police to the
Forensic Science Laboratory. Such a form contains the
nature of the crime, list of samples being sent for
examination, nature of examination required and
specimen of the seal/seals affixed on the exhibit besides
particulars of the case/ police station." (emphasis
supplied)
In Radha Kishan, after referring to the Delhi High Court
Rules, Part III Chapter 18 B, regarding proper proof of
custody of articles, it was held by this Court that the
evidence of preparation and dispatch of the FSL form
was critical for ensuring that the sealed sample was kept
intact in the police malkhana. An adverse inference
would be drawn against the prosecution in the event the
FSL form was not proved to have been prepared and
dispatched.