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HIGH COURT OF PUNJAB AND HARYANA
Harpreet Singh Brar, J
Santokh Ram @ Sukha – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. circumstances of contraband resampling request. (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against the validity of resampling. (Para 5 , 6) |
| 3. court's reasoning regarding testing and procedural rules. (Para 7 , 8 , 9) |
| 4. final ruling dismissing the petition and upholding previous order. (Para 10 , 11) |
1.
The present revision petition is preferred against the impugned order
dated 15.12.2014 passed by learned Special Court, S.B.S. Nagar, whereby the
application dated 25.11.2014 for re-sampling the second sample by Chemical
Examiner, Kharar has been allowed in FIR No. 93 dated 09.08.2013 registered
under Section 15 of the Narcotic Drugs and Psychotropic Substances Act , 1985
(hereinafter ‘NDPS Act’) at Police Station Rahon, S.B.S Nagar.
2.
Briefly, the facts are that on 09.08.2013, the police party was
patrolling and had established a checkpoint at Adda Bharta when a white coloured
Maruti car, driven by the petitioner, came to the spot and was apprehended on
suspicion. The Investigating Officer- A.S.I Nand Lal, found two plastic bags lying
on the back seat of the car and suspected them to be carrying contraband. After
rec
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