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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Sadaram S/o Shri Kana Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant Criminal Miscellaneous Petition under Section 482 Cr.P.C. (Section 528 B.N.S.S. 2023) has been preferred by the petitioners for quashing of the FIR No.56/2024 registered at Police Station Jhab, District Sanchore for offence punishable under Sections 8/22 & 29 of the NDPS Act.
2. Briefly stated the facts of the case are that the police, upon receiving information, conducted a search at the house of petitioner No.1, Sadaram. During the search, two individuals-Budharam alias Bhutaram (petitioner No.3) and Bhanwarlal (petitioner No.4)—attempted to flee but were apprehended. Upon searching a shed inside the premises, the police allegedly recovered 3.376 kg of the illegal drug Mephedrone (MD), along with an electronic weighing scale, plastic sealing machine, and a sum of Rs. 1,50,400/-, purportedly earned from the sale of drugs. The seizure of the suspect material was made and samples were taken for sending the same to the FSL for chemical examination.
2.1 As a matter of fact, after chemical examination, a report has been received from the FSL to the effect that the sent sample do not contain presence of any psychotropic substance, rather it was a neutral substance. T
Re-testing or re-sampling under the NDPS Act is prohibited except in exceptional circumstances, and requests must be made within 15 days of receiving the test report.
The NDPS Act prohibits resampling or re-testing of samples unless exceptional circumstances are demonstrated, and the absence of specific substances in the FSL report does not constitute such circums....
When an application is filed seeking retesting, it is obligatory for the Court to see whether it was filed as a delay tactics or whether it is expedient in the interest of justice to afford fair tria....
The court affirmed that under the N.D.P.S. Act, retesting of narcotic samples is permissible when initial tests are inconclusive, provided that the investigating agency follows the established guidel....
The court affirmed the right to a fair trial, emphasizing the necessity of judicial oversight in forensic examinations to ensure the integrity of evidence in narcotics cases.
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