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 samples, one original A-1; another duplicate sample A-2) were taken and FIR was registered vide Crime No. 760 of 2022 under section 8/22 of NDPS Act and sections 25 and 27 of ARMS ACT . After sampling was completed, samples were sent for chemical examination to the Regional Forensic Science Laboratory, Bhopal on 16-9-2022. It appears that report was prepared on 21-10-2022 but same was not transmitted to the police authority and ultimately, as submitted, said report was received (along with covering letter dated 11-4-2023) on 19-4-2023 at Gwalior.

3. The said report indicates that the examination of sample revealed detection of Uria substance and no M.D.M.A. drug was found in the sample.

4. Meanwhile, bail application was preferred by respondent No. 4/accused person Mohit Tiwari vide MCRC No. 14202/2023 and Coordinate Bench of this Court, vide order dated 20-4-2023 allowed the bail application preferred by said accused and on the basis of chemical examination report dated 11-4-2023 allowed the bail application and directed to grant compensation to accused persons of Rs. 10,00,000/- for his wrongful confinement. Said order is challenged by way of Writ Appeal 692/2023 and vide order dated 10-5-2023 grant of compensation and observations against the police officers stand stayed.

5. Thereafter, on 6-1-2023, in presence of Executive Magistrate (Tehsildar, Gwalior) resampling was done and some samples were taken from the already kept stock with the police purportedly to satisfy the provisions of section 52-A N.D.P.S. of the Act. Said samples are still lying with Malkhana of Police Station.

6. Thereafter, an application for retesting was filed by the petitioner/State on 2-5-2023. Said application stood rejected on 19-5-2023 by trial Court. Therefore, State is before this Court by preferring petition under section 482 of CRIMINAL PROCEDURE CODE .

7. It is the submission of learned Senior Counsel appearing for the petitioner/State that charge-sheet is filed in the case and charges are not framed yet. Application is filed within 15 days as stipulated by Apex Court in the of Thana Singh vs. Central Bureau of Narcotics , reported in (2013) 2 SCC 590 and submits that application is within time. No mala fide action is being alleged against any police officer and reply has not been filed by the respondents to the application preferred by the petitioner. Even otherwise, no prejudice would be caused to the accused if the application is allowed because the report, according to the petitioner is doubtful. Report was prepared on 21-10-2022 but dispatched on 11-4-2023 which was received by the police on 19-4-2023. Therefore, it can be inferred that foul play occurred midway and therefore, inquiry has been instituted by the Inspector General, Gwalior Zone vide order dated 2-5-2023