JUDGMENT :

Harnaresh Singh Gill, J.

The petitioner has filed this petition under Section 482 Cr.P.C. for quashing the order dated 15.10.2012 (Annexure P-5) whereby, the second sample of the alleged contraband was ordered to be sent for re-analysis.

2. Learned counsel for the petitioner has submitted that there is no provision in the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the Act’) for sending the second sample for re-testing. In support of his contention, the learned counsel for the petitioner has placed reliance on judgment of the Hon’ble Supreme Court in Thana Singh Vs. Central Bureau of Narcotics, (2013) 2 SCC 590, wherein it has been held as under:-

“25. Therefore, keeping in mind the array of factors discussed above, we direct that, after the completion of necessary tests by the concerned laboratories, results of the same must be furnished to all parties concerned with the matter. Any requests as to retesting/re-sampling shall not be entertained under the NDPS Act as a matter of course. These may however, be permitted, in extremely exceptional circumstances, for cogent reasons to be recorded by the Presiding Judge. An application in such rare cases must b