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ANAND PATHAK
State of Madhya Pradesh – Appellant
Versus
Sonam w/o Satendra Rajpoot – Respondent
| Table of Content |
|---|
| 1. petitioner seeks retesting of substances. (Para 1 , 2 , 4 , 5) |
| 2. arguments presented by both parties concerning evidence. (Para 7 , 10 , 11) |
| 3. legal framework for retesting under ndps act. (Para 18 , 20 , 21 , 23) |
| 4. final order allows retesting with procedural precautions. (Para 31 , 32) |
ORDER :
Anand Pathak, J.
With consent heard finally. The present petition is preferred under section 482 of CRIMINAL PROCEDURE CODE preferred at the instance of State through Station House Officer, Police Station Morar, District Gwalior being crestfallen by order dated 19-5-2023 passed by Special Judge (NDPS) Gwalior whereby application preferred by petitioner for Retesting has been rejected.
2. Precisely stated facts of the case are that on 6-9-2022, based upon some secret information received by the police, a trap was laid and 720 grams of Methylenedioxy-Methamphetamine (M.D.M.A) was seized from seven accused persons as eighth accused person absconded and was arrested later on. Rest of the accused (seven in number) were arrested on the spot. From their respective possession, different quantity of M.D.M.A. was recovered. Separate samples of 5 grams of each were prepared (two sampl
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 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....
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.
Drugs and Cosmetics - Criminal Proceedings quashed - Statutory right of petitioner for retesting drugs in question under sections 25(3) and 25(4) of Act has been violated by respondent and learned tr....
The prosecution must prove guilt beyond reasonable doubt, and failure to adhere to mandatory procedures under the NDPS Act undermines the case.
The court ruled that procedural violations in the seizure of narcotics, specifically not following mandatory sampling protocols, can lead to the dilution of bail conditions under the NDPS Act.
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