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JASJIT SINGH BEDI
State of Haryana – Appellant
Versus
Manpreet Singh – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for quashing of order dated 01.04.2016 passed by the Sessions Judge, Sirsa-cum-Special Court (NDPS Act) whereby the application moved by the Public Prosecutor for the state for sending the second sample to CFSL, Chandigarh for analyses has been rejected.
2. The brief facts of the case are that Manpreet Singh and Avtar Singh were apprehended with 130 bottles of Rexcof each containing 100 ml. They disclosed that they had purchased the same from Satpal and Pawan Kumar.
3. The samples taken at the time of seizure were sent for forensic analysis and the report filed on 10.02.2016 reads as under:-
Forensic Science Laboratory, Haryana, Madhuban, Karnal
(An ISO/IEC 170025 Accredited Laboratory)
Accredited By
T-0767
| 1. Please quote the Report/ Opinion No. & Date in case of any further correspondence or summons |
| 2. Report shall not be reproduced except in full, without approval of the Director |
| Report No.FSL(H) 2015/N-7510 | Dated 22.01.2016 |
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....
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....
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....
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.
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