2001 (3) TMI 1048

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e N.D.P.S. Act. The item allegedly seized is Lorazepam, which is a Psychotropic substance. Sample A prepared during seizure was sent for chemical analysis through Court to the Regional Laboratory at Kakkanad and the report was in the negative, i.e. against the prosecution. Part of the same stock, involved in another case, when subjected to analysis in the Forensic Science Laboratory, Trivandrum re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion of this Court in Maniyan v. Excise Circle Inspector (Crl.M.C. No. 4208 of 1997), where the motion was not from the prosecution, but from the accused for sending a second sample to a different laboratory other than the one which gave a positive finding. Notwithstanding the objection raised by the State, the request was allowed. The contention of the learned Public Prosecutor before me is that t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cision of this Court in Azeez v. State of Kerala (1993) 2 Ker LT 252). The contention raised therein based on Rule 2(c) was negatived and it was found that unless the Act or the rules prohibits any person other than chemical examiner mentioned in Rule 2(c) to conduct analysis, it is open to the Court to send it to any analyst for analysis and that the opinion of such expert can be used as evidence....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lso can do the same. After all what is paramount is interest of Justice and just like the accused has a right to establish that the item seized is not a prohibited item under the Act, the prosecution also can avail of adequate opportunity to forward a second sample to establish that the case alleged by the prosecution is correct and for that purpose seek forwarding of a further sample to a more co....