IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH CRIMINAL REVISION No. 5123 of 2025 VIJAY Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Nitin Parashar - Advocate for the petitioner [P-1].

Shri Rajendra Singh Suryavanshi -GA appearing on behalf of Advocate General[r-1]. Reserved on 11.11.2025 Pronounced on 03.12.2025 ------------------------------------------------------------------------------------------

ORDER This criminal revision under section 438 r/w section 442 of the BNSS, 2023 is preferred being aggrieved by the order dated 09.10.2025 (Annexure A/1) by Special Judge (NDPS Act, 1985), Indore in connection with crime no.124/2025 under section 22 r/w section 8 & 29 of the NDPS Act, 1985, whereby the application of prosecution for retesting of samples of seized material claimed to be MD drug viz. mephedrone has been permitted from Central Forensic Science Laboratory, Hydrabad.

2. Necessary facts for disposal of this criminal revision are that on

26.02.2025 two persons viz. Vijay s/o Ghanshyam Patidar (revision petitioner), resident of Khajuriya Sarang, police station Bhavgarh, district Mandsaur and Shahnawaz were apprehended by police officials of police station Tejaji Nagar, Indore and some powder was recovered from the left pocket of lower worn by Shahnawaz that was wrapped in a polythene of pink colour and that powder was suspected to be mephedrone drug on physical examination by smell and experience in dealing with contraband cases. The police officials confirmed that the seized material is mephedrone drug. In furtherance of the proceedings, the weigh machine was procured and the material was weighed as 198 gm. The seized material was sealed with the seal of police station Tejaji Nagar and the Panchnama was prepared. The approximate cost of the drug was estimated to be Rs.2 crore. A TVS motorcycle was also seized and a crime number was registered as crime no.124/2025 at police station Tejaji Nagar, district Indore (Urban) against the present revision petitioner and Shahnawaz. During investigation, the complicity of Lakhan Gupta s/o Parmanand Gupta, Police Constable by profession, badge no.3051 and posted at police station Azad Nagar, district Indore, M.P and Raja Khan @ Raja Babu was also found. The Constable Lakhan Gupta was extending protection in the offence of carrying the mephedrone drug in Indore and for that he was receiving bounty. The proceedings under section 52A of the NDPS Act, 1985 was completed and the sample A/1 was forwarded to Central Forensic Science Laboratory, Bhopal and the Central Forensic Science Laboratory, Bhopal reported that in sample Article A/1 mephedrone and other narcotic drugs and psychotropic substances have not been detected. However, potassium nitrate has been detected. The police station Tejaji Nagar, Indore approached the Court of Special Judge (NDPS Act, 1985), Indore for permission of retesting of sample Article A/2 from the Central Forensic Science Laboratory, Hydrabad and the trial court granted permission for retesting of the sample Article A/2.

3. Challenging the order of permission of retesting of sample A/2, this criminal revision has been preferred on the ground that the permission for retesting has been granted in violation of the principles laid down in Thana Singh vs. Central Bureau of Narcotics - (2013) 2 SCC 590 and Sadaram vs. State of Rajasthan - 2025 RJ-JD 16557. It is further agitated that Central Forensic Science Laboratory, Bhopal and Central Forensic Science Laboratory, Hydrabad have equal status because both are Central Forensic Science Laboratory. When report has been procured from the Central Forensic Science Laboratory, Bhopal, then it is not permissible that the sample be retested by the Central Forensic Science Laboratory, Hydrabad. It was further agitated that prayer for retesting can be considered only when the prayer is made within 15 days. In this case, the prayer for retesting is beyond the time line of 15 da