Further chemical analysis in NDPS cases may be ordered for either side when justice requires reliable expert evidence.

In an NDPS prosecution, a court may direct chemical analysis of a further sample even without an express statutory provision, where the interests of justice require it. The possibility of differing laboratory results made additional examination necessary, and the prosecution was entitled to seek the same procedural relief previously sought by the accused. Analysis by a competent laboratory was treated as expert evidence. The refusal to forward Sample B was therefore unsustainable, and the direction for further analysis was warranted.

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Issues: Whether, in a proceeding under the Narcotic Drugs and Psychotropic Substances Act, a court can direct forwarding of a second sample for chemical analysis even though the Act does not contain an express provision for a second sample, and whether the prosecution can seek such a direction.

Analysis: The absence of an express statutory provision for forwarding a second sample does not by itself disable the court from ordering further analysis when the interests of justice require it. The availability of differing laboratory results on the seized substance made it necessary to permit a further sample to be examined. The fact that earlier relief had been granted at the instance of the accused did not prevent the prosecution from seeking the same procedural aid, since both sides are entitled to place reliable scientific material before the court. The court also accepted that analysis by a competent laboratory can be acted upon as expert evidence.

Conclusion: A second sample could be sent for analysis at the instance of the prosecution, and the refusal to do so was unsustainable. The direction to forward Sample B was therefore warranted.

Ratio Decidendi: In an NDPS prosecution, the court may direct chemical analysis of a further sample even without an express statutory provision, if the interests of justice so require, and such direction is available to either side.

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