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2004 Supreme(Del) 913

R.C.CHOPRA
DIRECTORATE OF REVENUE INT. – Appellant
Versus
VINOD KUMAR – Respondent


Advocates Appeared:
ASHISH AGARWAL, S.K.Santoshi, SANJEEV KUMAR MANAN

R. C. CHOPRA, J.

( 1 ) THIS PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL procedure IS DIRECTED AGAINST AN ORDER DATE 19. 12. 2002 passed BY LEARNED SPECIAL JUDGE, NEW DELHI BY WHICH THE prayer OF THE RESPONDENT-ACCUSED FOR SENDING A SECOND sample OF THE CONTRABAND IN QUESTION TO ANOTHER laboratory FOR CHEMICAL ANALYSIS WAS ALLOWED AND FOR THIS purpose, THE CASE PROPERTY ALLEGEDLY RECOVERED FROM THE appellant WAS ORDERED TO BE PRODUCED IN THE COURT. I HAVE HEARD LEARNED COUNSEL FOR THE PETITIONER AND learned COUNSEL FOR THE RESPONDENTS. I HAVE GONE through THE RECORDS. LEARNED COUNSEL FOR THE PETITIONER HAS VEHEMENTLY ARGUED that UNDER THE NARCOTICS DRUGS AND PSYCHOTROPIC substances ACT (HEREINAFTER REFERRED TO AS "the ACT" only), THE RESPONDENT-ACCUSED HAS NO RIGHT TO GET ANOTHER sample TESTED FROM ANOTHER LABORATORY AND AS SUCH, THE impugned ORDER IS LIABLE TO BE SET ASIDE. IN SUPPORT OF his SUBMISSION, HE RELIES UPON A SUPREME COURT JUDGEMENT in "commissioner OF CUSTOMS VS. M/s. PUNJAB STAINLESS steel INDUSTRIES" REPORTED IN JT 2001 (6) SC P-146, A division BENCH JUDGEMENT OF PUNJAB and HARYANA HIGH COURT in "joginder KAUR VS. STATE OF PUNJAB" REPORTED IN 1979 clr (VOL. VII

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