https://www.taxtmi.com/caselaws?id=386505 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. en-us Thu, 19 Sep 2019 00:00:00 +0530 Mon, 30 Sep 2019 09:51:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=386505 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. Case-Laws Indian Laws Thu, 19 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=386505