NDPS re-sampling and re-testing require exceptional justification; charge order failed after inconsistent reports and improper fresh sampling.

Under the NDPS Act, repeated re-sampling and re-testing of seized substance is permissible only in exceptional circumstances and on cogent reasons recorded by the court. The Delhi HC noted that the first three laboratory reports did not support the prosecution case, while the later report was based on fresh samples drawn without notice to the accused. As the repeated sampling lacked a properly reasoned basis and raised serious doubt about the integrity and fairness of the process, the order framing charges could not be sustained. The petitioners were therefore entitled to discharge.

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Issues: Whether repeated re-sampling and re-testing of the seized substance were permissible on the facts of the case, and whether the order framing charges against the petitioners could be sustained.

Analysis: The order records that the first three laboratory results did not support the prosecution case, while the later report was based on fresh samples drawn without notice to the accused. It applies the settled principle that re-testing or re-sampling under the NDPS Act is not a matter of course and can be permitted only in exceptional circumstances for cogent reasons recorded by the Presiding Judge. The Court treated the repeated sampling process, in the absence of a properly reasoned basis, as creating serious doubt about the integrity of the prosecution case and the fairness of the procedure followed. In view of the inconsistent reports and the impropriety in drawing fresh samples, the court held that the charge order could not stand.

Conclusion: The repeated re-sampling and re-testing were not justified, and the order framing charges was unsustainable; the petitioners were entitled to discharge.

Ratio Decidendi: Under the NDPS Act, re-testing or re-sampling of seized material is permissible only in exceptional circumstances on cogent reasons recorded by the court, and repeated sampling without such justification cannot sustain the prosecution case or a charge order.

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