2021 (1) TMI 1054

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....etition under Section 482 Cr.P.C. seeking quashing of impugned order dated 24.9.2020, passed by Sessions Judge, Rewari , vide which such Court has accepted the application of the prosecution to draw second sample from the recovered case property. Briefly stated, the prosecution story is that on 20.1.2020, accused Badar Ram was apprehended by the Police Party and he was found to be carrying a bag having contraband in the form of 734 gms of Brown Sugar (Heroine). He was accordingly arrested. The recovered contraband was taken into possession after drawing requisite samples. Formal FIR in the matter was recorded. The investigation in the case started. Two samples drawn from the recovered contraband were sent to RFSL, Bhondsi simultaneously an....

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....Narcotics 2013 (1) RCR (Criminal) 861, the relevant paras of which are paras No. 23 and 25, which are reproduced for ready reference :- "E. Re-testing Provisions 23. The NDPS Act itself does not permit resampling or re-testing of samples. Yet, there has been a trend to the contrary; NDPS courts have been consistently obliging to applications for retesting and re- sampling. These applications add to delays as they are often received at advanced stages of trials after significant elapse of time. NDPS courts seem to be permitting re-testing nonetheless by taking resort to either some High Court judgments [See: State of Kerala Vs. Deepak. P. Shah[5]; Nihal Khan Vs. The State (Govt. of NCT Delhi)[6]] or perhaps to Sections 79 and 80 of the ....

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.... rare cases must be made within a period of fifteen days of the receipt of the test report; no applications for re-testing/re-sampling shall be entertained thereafter. However, in the absence of any compelling circumstances, any form of re-testing/re-sampling is strictly prohibited under the NDPS Act." He has also placed reliance on a Division Bench judgment of this Court reported as Amarjit Singh vs. State of Punjab 2013 (4) RCR (Criminal) 524, wherein while dealing with the question whether in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985, a ample can be sent for chemical analysis on the basis of the request made by the investigating agency, it was observed as under :- (i) There is no provision in Narcotic Drug....

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....or the petitioner has contended that the present eventuality has been clearly dealt with in the Division Bench judgment, categorically observing that the prosecution cannot simply come with an application for re-test of the sample already collected or drawn afresh from the bulk quantity just because it was not satisfied with the report submitted at the first instance by the chemical examiner. Learned State counsel could not distinguish those authorities on any point or refer to any other judgment by the Apex Court or by this Court, where a contrary view in the matter might have been taken. Though he had submitted that if a fresh sample is drawn from the recovered contraband, which is duly sealed and stored, no prejudice is going to be caus....