PRESERVATION AND EXAMINATION OF VISCERA IS MUST IN CASES OF SUSPECTED POISONING

It is often seen that there is a considerable delay in sending the viscera  to the FSL and its examination by the FSL which causes delay in submitting the police report as well as trial of the cases in the court. The hon’ble Supreme Court  in case of  Joshinder Yadav vs State Of Bihar on 20 January, 2014 observed “in several cases where poisoning is suspected, the prosecuting agencies are not taking steps to obtain viscera report, we feel it necessary to issue certain directions in that behalf. 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 post haste. If the viscera report is not received, the concerned court must ask for explanation and must summon the concerned officer of the FSL to give an explanation as to why the viscera report is not forwarded to the investigating agency/court. The criminal court must ensure that it is brought on record.” ( Joshinder Yadav vs State Of Bihar, Crl. App. N. 259/2009 decided on 20-01-2014)