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Supreme Court directs, viscera test a must in cases of death due to poisoning

New Delhi: The Supreme Court has said that viscera test is mandatory in cases of death due to poisoning. The apex court expressed “extreme displeasure” over the failure of Delhi police to seek a viscera
India TV News Desk January 23, 2014 23:31 IST
India TV News Desk
New Delhi: The Supreme Court has said that viscera test is mandatory in cases of death due to poisoning.

The apex court expressed “extreme displeasure” over the failure of Delhi police to seek a viscera examination of Sunanda Pushkar's body from forensic science laboratories (FSL).

The Delhi Police will now have to send the preserved viscera for forensic test as the Supreme Court has made it mandatory for the investigating agency to seek such scientific report before completing the probe.

The apex court has sent a copy of the ruling to all high courts, director of prosecution, secretary, ministry of home affairs, to the secretary, home department and to the director, forensic science laboratory within the jurisdiction of the HCs.

According to the ruling, it is mandatory for the police to obtain a record of the viscera report from the forensic laboratories in case of death due to suspected poisoning.

A bench headed by Justice Ranjana Prakash Desai said “We direct that in cases where poisoning is suspected, immediately after the post-mortem, the viscera should be sent to the FSL. The prosecuting agencies should ensure that the viscera is, in fact, sent to the FSL for examination and the FSL should ensure that the viscera is examined immediately and report is sent to the investigating agencies/courts,” the bench, also comprising justice J Chelameswar, said.  

It said that these scientific tests are of vital importance to a criminal case, particularly when the witnesses are increasingly showing a tendency to turn hostile.