Pointing out discrepancies, which he claimed would make the results inadmissible, Desai said the Kalina forensic laboratory had stated that Khan had twice the permissible amount of alcohol in his blood stream after the car crash that had killed one and injured four others in Bandra in 2002.
He said that those who had held the blood samples after they were drawn at JJ Hospital were not made witnesses and questioned why the word "alcohol" was added later to the record. More significantly , Desai added, what started as two files at the hospital ended as one in the laboratory .
"There are discrepancies during the chain of custody , right from what happened at Bandra police station, then at JJ Hospital and finally the submission at Kalina laboratory . It shows that the samples might had been tampered with; we are not sure that the samples submitted to the chemical analyst were that of the appealant," Desai told Justice A R Joshi of the Bombay high court. who was hearing the case.He added that the samples were not sealed properly and Khan's consent was not taken.
"But there is a thumb impression. When there is oral consent, why was a thumb impression needed...it is not clear who took it."